How to get half custody of my child

How to Obtain Partial Custody of a Child

In legal terms, child custody refers to the legal and physical relationship between a child and their divorced parent, or legal guardian. Laws governing child custody vary by jurisdiction, but all decisions regarding child custody are made with the child’s best interests in mind. 

The child’s interests, background, and needs are considered above the parent’s personal preferences. This means that courts will only make child custody decisions if they benefit the child.

Legal custody refers to a parent being granted the legal right and obligation to make decisions on behalf of their child, and regarding the child’s upbringing. Such decisions could include the child’s education, medical care, and religious upbringing. Physical custody refers to the right to have the child physically live with you. 

Some states do recognize joint or shared physical custody, in which the child lives with each parent for relatively equal amounts of time. There are other types of child custody arrangements as well. However, all types of custody arrangements concern some form of legal custody and physical custody.

Partial custody refers to a type of child custody arrangement in which one parent has less physical custody time with the child in comparison to the other parent. Such an arrangement differs from sole custody and shared custody arrangements in that one parent is the custodial parent, i.e. the parent granted the majority of time spent with the child, while the non custodial parent is granted limited custody or visitation rights. A partial custody arrangement is generally ordered in cases where one parent is unable to assume any major responsibility for their child.

How is Partial Custody of a Child Obtained?

In cases in which one parent has full custody and the non custodial parent wishes to file for partial custody, the court will consider whether this change in custody arrangement is in the child’s best interest. If you wish to obtain partial custody of your child, the following steps are typically necessary:

• File a Petition With the Court: You will need to file a petition with the family law court that originally handled your child custody case. Partial custody rights are not automatically granted, and must be requested of and granted by the court;

• Provide Evidence to the Court: In order to prove your case for partial custody of your child, you will need to prove to the court that you are mentally and financially capable of caring for your child.

• • Some examples of suitable evidence could include financial statements, proof of employment, witness statements, and records of good behavior; and

• Speak With an Attorney: As custody laws vary from state to state, and petitioning for custody is a complex and involved process, you should consult with a skilled attorney in your area. They will be best suited to advise you in reaching your child custody goals.

If you are seeking a partial child custody arrangement, and there is already a child custody order in place, you will need to file for a child custody order modification. A custody modification could affect other aspects of the pre existing arrangement, such as child or spousal support.

How Can I Modify an Existing Child Custody Order?

Obtaining partial child custody after a child custody arrangement has already been ordered requires a modification of the order. A child custody order addresses the type of child custody, and provides a child visitation schedule in order to allow the non custodial parent to spend time with their child. Once the order is in place, it is absolutely imperative that both parents adhere to the order, so as to avoid being held in contempt of court.

A court order may be more easily modified if both parents agree to such an arrangement. This is especially important in jurisdictions in which there is a required waiting period before a modification can be permitted, and there is no evidence that the child is in immediate danger that would warrant an immediate modification.  

Before deciding whether to grant a modification, such as granting partial custody, the court may order an evaluation by a social worker. Alternatively, the court may order mandatory mediation sessions between the two parties.

In general, it must be proven that a change in custody arrangement would be in the child’s best interest. A court may decide to modify a child custody order when there has been a significant or material change in circumstances since the initial issuing of the order. Some examples of such circumstances could include:

• One parent wishes to move long distance which would make the current visitation schedule impractical;
• The non requesting parent has created an unsafe home environment for the child;
• The child’s emotional or developmental needs have changed; and/or
• The non requesting parent has repeatedly ignored the visitation schedule.

Do I Need an Attorney to Obtain Custody?

As can be seen, in order to obtain partial child custody, you must first request custody. Alternatively, you may obtain partial custody of a child by requesting a modification of a previous court order. 

In either situation, consulting with a skilled and knowledgeable child custody lawyer is important so that you understand your state’s specific laws regarding child custody. 

An experienced child custody lawyer can help determine your legal options, and your best course of legal action. Finally, an attorney can file any necessary legal documents, and represent you in court as needed.

Travis Peeler

LegalMatch Legal Writer

Original Author

Travis earned his J.D. in 2017 from the University of Houston Law Center and his B.A. with honors from the University of Texas in 2014. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons.

Jose Rivera

Managing Editor

Editor

Last Updated: Mar 26, 2020

Can I Get Joint 50/50 Custody of My Child In Georgia?

Can I Get Joint 50/50 Custody of my Child in Georgia?

What You Need to Know about Child Custody, 50/50 Joint Custody Sharing and the Legal Process

One question we’re frequently asked by our divorce clients is whether they can get joint physical custody of their child with an exact 50/50 split.

While this arrangement is possible for some divorcing couples, the answer depends on your situation, your relationship with your ex-spouse, and several other factors.

Of course, knowing the intricacies of the law and having an experienced family law attorney on your side can make it easier to win joint custody of your child.

With that in mind, here’s an overview of how child custody is decided in Georgia, factors that influence the judge’s decision, and the circumstances under which a 50/50 joint custody arrangement is most likely.

The Basics of Child Custody in Georgia

When deciding child custody cases, judges in Georgia are required to put the best interests of the child first.

Georgia law also stipulates that the custody decision should be gender-neutral, meaning that mothers do not get preferential treatment.

That’s good news for fathers, since it means that Georgia dads have an equally good chance of being awarded child custody as long as it is demonstrably in the child’s best interest.

The Two Types of Child Custody

There are two types of custody in Georgia: legal and physical.

Legal custody refers to the right to make decisions regarding the child’s life, including education, healthcare, extracurricular activities, religious upbringing, and more.

A judge in Georgia can grant either joint or sole legal custody. Joint legal custody means both parents have the right to make these decisions; sole legal custody means only one parent has that right.

Georgia law considers it ideal for parents to share legal custody of a child as close to equally as possible, so that they both get to make important decisions about the child’s life and upbringing.

Physical custody, on the other hand, defines where the child will live.

In many cases, a judge will grant primary physical custody to one parent, so that the child lives with this one parent most of the time. This is also sometimes referred to as sole custody.

Often, when one parent gets sole or primary custody, the other parent will be given visitation rights.

Alternatively, the judge may choose to grant joint custody, where the child’s time (and residence) is split more evenly between the parents.

This arrangement is somewhat less common, but it is becoming more common as more parents seek it.

How Do Judges Determine Child Custody in Georgia?

A judge hearing a custody case in Georgia must decide on a custody arrangement that benefits the child above all else.

In order to determine the best custody arrangement for the child, the judge must consider a variety of factors, as stipulated by Georgia Code O.C.G.A. § 19-9-3.

Here are the 17 main factors for a Georgia judge to consider when deciding child custody:

1. Parental Bond The love, affection, bonding, and emotional ties existing between each parent and the child.
2. Bonds with Siblings in the Home The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children.
3. Parenting Ability The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child.
4. Parental Familiarity Each parent’s knowledge and familiarity of the child and the child’s needs.
5. Ability to Provide The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent.
6. Home Environment The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors.
7. Continuity The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
8. Stability and Support The stability of the family unit of each of the parents and the presence or absence of each parent’s support systems within the community to benefit the child.
9. Mental and Physical Health The mental and physical health of each parent, to the extent that it affects the parent’s ability to care for the child.
10. Involvement with the Child Each parent’s involvement, or lack thereof, in the child’s educational, social, and extracurricular activities.
11. Scheduling Limitations Each parent’s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child.
12. Individual Needs of the Child The home, school, and community record and history of the child, as well as any health or educational special needs of the child.
13. Parental Performance and Ability Each parent’s past performance and relative abilities for future performance of parenting responsibilities.
14. Willingness to Cooperate The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child.
15. Expert or Outside Recommendations Any recommendation by a court appointed custody evaluator or guardian ad litem.
16. Criminal Behavior Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent.
17. Abuse of Drugs or Alcohol Any evidence of substance abuse by either parent.

The judge may also consider other factors beyond those stipulated above to determine what will best promote the child’s welfare and happiness.

The listed factors are very important, however, and demonstrating your ability to care for your child and showing what will be in the child’s best interest can heavily influence a judge’s decision.

That is why, if you are involved in a child custody case or seeking a child custody modification, having experienced legal representation to help you make your case is a must in almost all situations.

If My Spouse and I Are Equally Fit to Parent, Does That Mean I Can Get Joint Custody?

Possibly, but there are some caveats.

First, a big one:

Judges tend to favor primary physical custody arrangements, with just visitation rights for the non-custodial parent, over joint custody.

The preference of the courts in Georgia is often to grant equal legal custody (the ability to make decisions for the child) to both parents, while granting primary physical custody to just one.

The thinking behind this is that the child can benefit from the stability of residing in a single home while enjoying the involvement of the non-custodial parent through visitation.

Secondly, joint custody doesn’t always mean 50/50:

In cases where joint custody is awarded, the division of time is not always a clean 50/50 split.

That’s because stability and schooling interests are sometimes better served by having the child spend more time in one place, or by staggered schedules built around school, extracurricular and work considerations.

If you want a 50/50 joint custody split, you will need to show the judge how it will benefit the child and not just how it will suit your own personal preference.

The need to make a good case to the court is another reason why having an attorney experienced in child custody cases can help your chances in court.

So by now you’re probably wondering, how can you increase your chance of getting 50/50 joint custody if you think it’s best for your child?

When Can Parents Get 50/50 Joint Custody in Georgia?

Increasingly, divorcing parents do want equal time with their kids, despite a judicial predisposition to primary custody arrangements.

Although in the past we have seen a strong court preference for single-parent custody, that doesn’t have to be how your custody case is decided.

Judges in Georgia have a great deal of discretion when it comes to awarding custody, and much of it comes down to details like the relationship between the divorcing parents and the practicality of a joint custody arrangement.

Knowing the things that can make a 50/50 custody agreement more likely can not only help you manage your expectations, it can help you take steps that work toward a decision in your favor.

Six Factors That Can Affect Your Chances of Getting a 50/50 Joint Physical Custody Arrangement:

1. How well you and your ex cooperate and get along.

In our experience, judges in Cherokee County are less willing to order 50/50 joint custody if the divorce was contentious.

That’s because people who co-parent closely must get along well most of the time, agree on the child’s daily routine and make major life and legal decisions together. They should also be able to resolve any disagreements with minimal upheaval to the child.

2. Proximity of each of the homes.

Custody-sharing parents need to live in somewhat close proximity, to keep the child’s school routine running smoothly and eliminate the stress of long travel times.

3. Time and ability to meet parental obligations.

You must be able to get your child to appointments and extracurricular activities regularly, too, so having a consistent or flexible work schedule may figure into the decision. You will also want to demonstrate that you have the time and commitment to be actively involved in parenting your child.

4. The age and unique needs of the child.

Older children may adapt more easily to moving from one parental home to another, while young children and those with special emotional needs or physical disabilities may be better served by a primary custody arrangement. The judge deciding your case will look closely at factors like these when deciding custodial arrangements.

5. The child’s wishes.

In Georgia, a child can choose which parent to live with when they turn 14, and judges will generally abide by this choice as long as the choice is in the child’s best interests.

Judges also have the discretion to take the preferences of a child aged 11-13 under consideration, but other factors, such as the child’s educational needs, will come first.

6. Whether both parents are in favor of a 50/50 agreement.

It’s not necessarily a deal-breaker if one parent objects to a 50/50 joint custody arrangement, but it definitely helps if you and your spouse are on the same page. Try to talk things out and come up with a parenting plan that both of you can live with before heading into court.

Your Parenting Plan and Joint Custody

As part of the process, divorcing couples draw up a parenting plan that outlines how they prefer to split legal decision-making and time-sharing for their children.

The plan outlines how you intend to keep the parent-child relationship intact while putting the child’s best interests first.

Parenting plans must have very specific requirements to be considered valid by the courts, and having an attorney’s help in drawing one up can be invaluable.

Specific points that should be addressed in the parenting plan include:

• Where the child will live.
• How and where the child will spend special occasions such as holidays, birthdays, and school breaks.
• Your plan to transport the child to and from each parent’s house, how you plan to exchange the child, and who pays for transportation costs.
• Whether visitation will be supervised, and who will supervise.
• How you plan to divide decision-making and resolve disagreements regarding the child’s education, healthcare, religious involvement, and other upbringing issues.
• Specifics regarding the non-custodial parent’s right to contact the child and have access to their records and information.

Having a well thought out plan for how your child will split time between homes, with clear scheduling objectives and logistical considerations, can strengthen your case for a 50/50 physical custody agreement.

You will need to show that your plan will serve the best interests of the child and that you’re capable of upholding the obligations of your plan.

What You Can Do to Help Your Chances for Joint Custody

While you can’t control all of these variables, there are some things you can do to make a joint custody agreement more likely:

• If you or your spouse are considering residences far apart, consider living closer, so a joint custody arrangement makes more sense for your child.
• Wherever possible, adjust your work schedule so it will be more suitable for parenting your child.
• If you and your ex are having trouble getting along, consider mediation and try to agree to a custody arrangement that works for both of you ahead of time.
• Another major factor in how the judge decides custody will be the parenting plan you present.

Factors That May Hurt Your Chances for a 50/50 Joint Custody Arrangement

When You And Your Spouse Disagree

In the ideal divorce, both parents agree about all the specifics of child custody. But the ideal divorce is vanishingly rare.

If you and your spouse can’t agree on custody arrangements, or if your relationship is too volatile to make an agreement possible, there are several steps the court may take, including appointing a guardian ad litem or ordering a custody evaluation.

Judges are often reluctant to award equal custody to parents who are sharply in disagreement or who exhibit obvious animosity. Try to resolve differences through mediation or counseling before you see a judge, if possible.

Bad Behavior

The court will consider both parents’ behavior during the marriage when deciding what is in the best interests of the child. Specifically, factors that affect how well each parent will be able to care for the child and create a healthy environment will weigh heavily.

There may be circumstances where one spouse is found to be unfit to parent, usually because of abuse, neglect, or addiction issues.

If warranted, courts can order an investigation into charges of abuse or neglect on the part of one or both parents. In instances where both parents are found to be unfit, a third party, such as a grandparent or close relative, may be assigned custody.

Now that you know more about how judges assess child custody, you probably want to know how these things play out in real custody cases.

A Case in Point: How Speights Law Helped Our Client Win a Favorable Joint Child Custody Agreement

We see a lot of divorce clients in our practice, including many loving parents who are seriously worried about child custody post-divorce.

Although every case is unique, our experience has taught us that most parents will go to great lengths to ensure they get to be a meaningful part of their kids’ lives.

That was the case with our client, Joshua: a father of two kids, aged 8 and 12, whose marriage was ending.

He and his wife initially separated on what seemed to be good terms, but things steadily deteriorated to the point where they were barely speaking.

By the time he called us, they couldn’t agree on much. They would argue about little things, as well as about larger decisions like who should get to stay in the family home.

He told us he was afraid to even talk about child custody with his soon-to-be ex, since he’d heard so many times that custody agreements almost always favored the mother.

Joshua was a very involved father who took his daughter to soccer practice and went out of his way to make sure his son always had help when he needed it with homework.

He simply couldn’t imagine a life without lots of time with his kids. It was a large part of why he waited so long to accept that his marriage wasn’t going to work.

As a stable, responsible and committed father, he wanted joint custody and was willing to do whatever it would take to win it.

Our legal team set to work to help him.

What We Did For Joshua

The first thing we did was explain that under Georgia law, the court is not allowed to favor the mother over the father in child custody cases just because she is the mother.

Fathers have equal custody rights in Georgia, provided they are fit to parent and the custody arrangement is in the best interests of the child.

Next, we laid out all the factors judges consider when deciding custody in a divorce case.

Joshua didn’t have a history of substance abuse or a criminal record, and he had a good job that paid well enough for him and his family to live a comfortable middle-class lifestyle.

He’d also been very involved in his children’s daily lives and care, and the kids loved their dad just as much as they loved their mom.

So far, so good.

However, there were other things that could harm his cause in the eyes of a judge, and we wanted to get ahead of them.

We identified some potential issues:

• Joshua had a job that required frequent travel, sometimes keeping him away for long periods.
• Joshua’s absences meant that his wife had assumed many of the regular child care duties, like taking the kids to school and handling doctor’s appointments, dentist trips and shopping.
• Both of his parents had passed and the rest of his family lived far away, limiting Joshua’s ability to rely on family for child care and enrichment.
• His frequent work travel had been an issue for his wife, who accused him of infidelity and let this dissatisfaction fuel her animosity.

Armed with knowledge of the situation, we got to work figuring out what we could change and how to deal with the things we couldn’t.

Upon learning that his work schedule might become an issue, Joshua told us he was prepared and able to take on a different role with his company—one that limited his travel to just a few times a year.

We talked to him about the role he’d played in his children’s lives and whether his kids’ teachers, coaches and other parents could vouch for his involvement.

We also discussed his involvement and ties to the community, including his volunteer work and his role within his church—where his kids also took an active role.

All of these things could make his case for joint custody stronger, either in a courtroom or—even better—at the negotiating table beforehand.

Finally, we made a list of concessions he could live with, including letting his wife stay in the house while he rented a suitable residence nearby.

Our plan also included getting a mediator involved, so that he and his wife could work out their differences in a neutral arena before ever heading to court.

Knowing that his case for joint custody was stronger than he’d suspected helped lower Joshua’s anxiety level and gave him a clearer head when talking to his wife.

She was still very angry herself and pushed for sole custody with visitation, at first.

However, Joshua’s strong legal case and our collaborative engagement helped his wife’s lawyer persuade her not to pursue a long custody battle in court.

That was a big relief for Joshua, especially knowing that the stress, difficulty and expense could seriously affect the kids now and in the future.

The presence of a mediator helped immensely with communication, and with her help, they were able to figure out a living situation and division of property that was best for all concerned.

More importantly for Joshua, the mediator also helped them figure out a parenting plan they both could live with—one that included an equal physical custody split between him and the children’s mother and an equal say in legal custody matters.

Of course, there were concessions that had to be made, as with so many negotiated agreements.

Joshua did need to change his role within his company, but the change wasn’t as drastic as he’d expected.

He and his wife were able to work out a custody-sharing plan that accounted for a set  number of work trips, allowing him to avoid a salary cut that would harm his ability to pay for the kids’ school tuition .

His wife wouldn’t budge on staying in the house, but Joshua was able to find a great place less than a mile away so he could always be nearby.

All in all, Joshua got the things that were most important to him—more time with his kids, no difficult fight in court, and the knowledge that his kids could continue their education at a school they were used to.

Cherokee County Divorce Attorneys

You hear a lot about the hard-fought divorce battles—and we are experts at winning those, too—but the best divorces are those that are won before you ever set foot in a courtroom.

With diligence, preparation and years of experience, our family law team works harder—and smarter—to get you the outcome you deserve.

FAQS About Joint 50/50 Custody in Georgia

1. Is It Hard for a Father to Win Joint Custody?

The Georgia courts do not give preference to mothers when deciding custody issues, so fathers should not be at any disadvantage when seeking 50/50 custody. The main factors influencing the decision will be the best interest of the child and the ability of the parents to work together and carry out any joint custody agreement.

2. Does Joint Custody Affect Child Support? Will I Pay Less Than a Non-Custodial Parent?

Child support in Georgia is calculated based on a formula that takes into account the income of both parents and necessary expenses for the child. There are several adjustments the court can choose to apply to these, and one of these is known as the parenting time deviation.

If you are caring for the child for more time than average, either because of joint custody or increased visitation, your child support responsibility may be reconfigured at the discretion of the courts. Each situation will be evaluated based on the best interests of the child, however, and joint custody does not always equal lower child support payments.

3. How Does Joint Custody Scheduling Work?

Most people have heard of joint custody situations where the child spends one week with one parent and the next with the other, but there are many other arrangements that work well for both children and parents.

A 2-2-3 schedule gives the child two nights with each parent and then three nights with one, with parents taking turns each week on the three-night weekend. There are also 2-2-5-5 schedules, 3-4-4-3 schedules, 4-3 schedules and weekend schedules where the child lives with one parent for most of the week and the other during a long weekend.

Consider your child’s needs and temperament as well as your own obligations when figuring out the right custody schedule for everyone.

4. I Didn’t Get Joint Custody After Our Divorce. Can I Get it Now?

Relationships change, circumstances change and custody arrangements can change with them. If you weren’t initially granted a joint custody arrangement, it’s possible that you and your spouse can renegotiate custody after some time has passed and strong feelings have died down.

Situations like an improved work schedule, closer proximity and an ability to work with your ex may make a court look favorably on a joint custody arrangement. Also, as young children get older, a judge may find that joint custody is desirable where previously it was not. A legal professional can advise you on your options and chances for a joint child custody modification.

5. How Likely Am I to Get Joint Custody?

Many factors can influence the likelihood of a joint custody agreement. Judges consider things like the fitness of both parents, the practicality of a joint custody arrangement, and the overall needs of the child.

Although joint custody is not the norm in Georgia child custody and divorce cases, building a strong case with the help of an experienced family law attorney can help you achieve the results you seek.

Trying to Get Joint Custody of Your Kids? Talk to An Experienced Family Lawyer in Cherokee County

If you’re currently navigating divorce, don’t wait to talk to a lawyer. The terms you set for your divorce could shape your life – and your children’s – for many years to come.

At Speights Law, we have an outstanding record of success helping our clients achieve what’s best for their family. We can do the same for you – call us at (770) 479-1500 for a confidential consultation today.

Amanda Speights

Amanda Speights is a co-founder and lead family law attorney at Speights Law, PC in Cherokee County. She is an experienced family law lawyer who handles an assortment of domestic cases, including divorce, child custody, child support, appeals and other types of litigation in the state of Georgia. To contact Amanda, please visit our contact page.

How to get custody of a child, elderly or disabled?

In Russia, citizens who need guardianship include minors, that is, children under 14, as well as persons recognized by the court as incompetent. We are talking about people who, due to a mental disorder, cannot understand the meaning of their actions or control them. This is stated by the Federal Law "On guardianship and guardianship". Based on the document, citizens appointed by the body of guardianship and guardianship "are the legal representatives of the wards, and perform on their behalf and in their interests all legally significant actions."

Guardianship is aimed at protecting the interests of the listed categories of citizens, as well as the very possibility of declaring a citizen incompetent in a judicial proceeding. This was also emphasized by the Constitutional Court in the framework of Resolution No. 15-P dated June 27, 2012 “On the case of checking the constitutionality of paragraphs 1 and 2 of Article 29, paragraph 2 of Article 31 and Article 32 of the Civil Code of the Russian Federation in connection with the complaint of citizen I.B. Business".

In addition to guardianship, there is also guardianship, under which adolescents aged 14 to 18, as well as persons with limited legal capacity, can fall. Such people cannot be fully responsible for their actions. This category has more rights than minors and the incapacitated. For example, they can independently perform small everyday transactions and actions provided for by law (dispose of their own income, etc.). However, in other cases, they are obliged to assist the trustee.

It turns out that the guardian has more rights and obligations than the guardian, and therefore a greater responsibility falls on him.

The main requirement for the candidate is full legal capacity. And since it comes from the age of 18, the guardian must be of age. The law also establishes a list of restrictions. Guardianship cannot be issued by persons:

• deprived of parental rights;
• having an unexpunged or outstanding conviction for an intentional crime against life or health;
• who did not agree to become a guardian.

When it comes to guardianship of young children (under 14), additional restrictions are set. Future guardians must undergo special psychological, pedagogical and legal training, as well as prove that they are in a bisexual marriage. Those who have registered a same-sex marriage in the territory of another state will not be able to arrange guardianship.

This process is supervised by guardianship authorities. To find out all the details of the procedure, you must contact the district office. The state is interested in ensuring that children are not left unattended, are not placed in orphanages and boarding schools, and therefore, most likely, those who wish to arrange guardianship will be met halfway and will be helped in every possible way.

The candidate needs to write an application, collect documents confirming, among other things, the passage of special training, and in case of a positive answer, sign an agreement.

The algorithm is the same as for children - the guardianship and guardianship authority will also deal with the issue of guardianship. However, there are also differences. Thus, custody of an elderly or adult person does not always involve the joint residence of the guardian and his ward. This issue is decided individually, but cohabitation, of course, is welcome. It is much easier for a guardian to fulfill his duties and provide supervision, especially when it comes to a pensioner who, most likely, has a sufficient number of health problems.

If cohabitation is intended, the consent of all members of the guardian's family living with him in the same dwelling, including children aged 10 years, must be obtained.

There are two types of guardianship:

• free of charge;
• paid.

In the first case, nothing is paid to the guardian. Paid guardianship can have quite flexible conditions, which are fixed by the contract. In accordance with Article 16 of the Federal Law “On Custody and Custody”, remuneration can also be paid at the expense of third parties, from the income from the property of the ward (no more than 5% and only if he is already an adult), as well as from the budget .

The guardian has an unlimited range of powers - he represents the interests of the ward in any relationship, no matter what is discussed. Moreover, this rule applies even when registering custody of a minor with living parents. If the ward is a child, then the guardian acts as a father or mother. However, in some cases notification of guardianship authorities is required. They can also establish restrictions on the actions of the guardian or, conversely, oblige him to perform any actions. All this is recorded in the act on the appointment of a guardian or custodian, or in an agreement on the implementation of guardianship or guardianship.

1. Written statement of consent to the establishment of guardianship.
2. Documents of the guardian: proof of identity, proof of income, no criminal record, state of health (medical report in the form established for persons wishing to obtain guardianship), marital status and the right to use the living quarters.
3. Consent of family members of the future guardian, including children under 10 years old (provided they live with the guardian in the same territory) to live together with the ward.
4. Documents of the ward: identification, income, from the place of study or work, medical certificates.
5. Documents confirming kinship, if the candidate is a relative.

A complete list can be found on the State Services portal, which contains clarifications on the design and number of copies of documents. You can apply for guardianship there.

• First month of guardianship - 1 check.
• First year of guardianship - 4 checks (every 3 months).
• Then - once every 6 months.

Image source: pixabay.com

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completed

Here Comes Ajumma

And here is Ajumma

drama romance

Without series

transferred

Crash Landing on You

Crash landing love

drama comedy

transferred

Cheongdamdong Alice

Alice from Cheongdam-dong

drama romance

completed

A Diamond's Edge

diamond blade

drama romance

transferred

Alchemy of Souls

Soul Alchemy

drama comedy

transferred

U-Prince Series - Ambitious Boss

ambitious boss

drama romance

transferred

The Angel and the Mafia

Angel and mafia

drama romance

completed

The Angel and the Beast

Angel or demon

drama romance

completed

Maya Angel

Mayan Angel

drama romance

no episodes

completed

Angel Lady

Angel

drama romance

transferred

Assistant of Superstar

Superstar Assistant

drama comedy

translated
Film

Bakuman

Bakuman

everyday life school

translated
Film

Balzac and the Little Chinese Seamstress

Balzac and a Chinese dressmaker

drama romance

translated
Film

A Banana? At This Time of Night?

Banana in the Middle of the Night: My Story

drama comedy

transferred

Bangkok Love Stories 2: Innocence

Bangkok Love Stories 2: Innocence

drama romance

transferred

Bangkok Love Stories: My Weakness

Bangkok Love Stories: My Weakness

drama romance

transferred

Banjun Drama with Eric, Lee Minwoo

Bangjeong drama (Eric, Lee Mingwoo)

drama romance

transferred

The Fugitive: Plan B

Runaway: Plan B

thriller drama

transferred

Crazy Love (2022)

Crazy Love

drama comedy

translated
Film

Crazy Rich Asians

Crazy Rich Asians

drama romance

transferred

I Really Really Like You

Madly love you

drama romance

transferred

Infinite Power

Infinite Power

drama comedy

translated
Film

Library Wars

Library Wars

drama comedy

transferred

Library Wars: Book of Memories

Library Wars: Book of Memories

drama romance

translated
Movie

Library Wars: The Last Mission

Library Wars: The Last Mission

drama romance

updated

completed

Binary Love

binary love

drama comedy

completed

Waew Mayura

Shine

drama comedy

transferred

Rich Man

Rich man

drama romance

completed

Fighting! Girl

Fighting girl

everyday drama

completed

Cyber ​​Exorcist

Fighter with evil spirits

drama comedy

completed

Barefoot Millionaire

Barefoot millionaire

drama comedy

transferred

We Married as Job

contract marriage

drama romance

translated
Film

Pa-Mine Pare

Bro you are mine

drama comedy

transferred

Be Positive

Be positive

drama comedy

transferred

Be Yourself (2021)

Be yourself

drama comedy

transferred

Be Yourself (2022)

Be yourself

drama romance

translated
Film

I Wish I Had a Wife

If I had a wife

drama comedy

completed

Pure in Heart

At 19 with a pure heart

drama romance

translated
Film

Fabulous 30

30 is just the beginning

drama romance

transferred

You are My Eyes

In my eyes only you

drama comedy

translated
Film

Waiting For Spring

Waiting for Spring

school drama

completed

Waiting for you (2015)

Waiting for you

everyday drama

translated
Film

Anoko no Toriko

In captivity

drama school

Destiny Seeker

Looking for destiny

drama comedy

no episodes

completed

In Search of Love

Looking for love

drama comedy

completed

The Woods

Vanali

drama comedy

completed

Cupid's Command

Cupid's command

drama comedy

transferred

The Greatest Wedding

great wedding

drama comedy

transferred

The Great Show

great show

drama romance

transferred

Dazzling

Gorgeous

drama comedy

updated

The Fabulous

A drama about work, passion, love, and friendship between young men and women dedicated to the fashion industry. The story will show their struggle for survival in the competitive world of fashion, intertwined with their colorful working days. Pyo Ji Eun (Chae Soo Bin) is the manager of a PR agency for high-end brands. As a person who has loved beautiful things since childhood, she throws everything she has to stay in the fashion industry, which she dreamed of being a part of all her life. Ji Woo Min (Choi Min Ho) is a freelance photo editor who has everything from looks to abilities. The only thing he lacks is passion, and he is not one to be consumed by work or love. His relationship with Pyo Ji Eun is teetering between friendship and the start...0009

Gorgeous

drama romance

no episodes

translated
Film

Back To 20

Back at 20

drama comedy

completed

Westside Story

West Side Story

drama school

no episodes

transferred

Wind Blew That Summer

The wind blew that summer

drama comedy

transferred

The Eternal Love 2

Eternal love 2

drama comedy

transferred

The Eternal Love 3

Eternal love 3

drama comedy

completed
Film

Adult Drop

adult fall

drama school

completed

Buffalo Governance

Take the bull by the horns

drama comedy

no episodes

transferred

dramacomedyromanticcriminal
lawyers

Vincenzo

drama comedy

transferred

Beethoven Virus

Beethoven virus

drama comedy

transferred

The Master's Sun