How to write a notarized letter for child custody
Sample Declaration Letter to Judge for Child Custody
Declaration letters to the court can be crucial in child custody cases. They can even serve as your testimony if you have a trial by written declaration. Use our sample declaration letter, our downloadable template and the tips below to write yours.
What's a declaration letter?
A declaration letter is a statement of facts that a parent writes as part of a disputed child custody case. It's formal testimony that a judge considers when evaluating a parent's legal and physical custody requests.
A declaration letter declares a parent's intent in seeking custody orders. It summarizes the case, states the custody arrangements the parent wants and argues for those arrangements by showing how they support the child's best interests.
It's your chance to explain to the judge, in writing, the exact custody arrangements you want and why. To help show why the custody arrangements you're requesting are better for your child than what the other parent wants, you can also attach evidence (exhibits) and explain them in the letter.
A declaration letter is different from a character reference letter, which is written by one of your witnesses.
When you may need to write a declaration letter
Ideally, parents should work together to create their parenting plan, parenting time schedule and child support agreement.
When parents can't agree on custody, a judge (or other court official, such as a magistrate) decides the custody orders. Each parent submits paperwork to the court detailing the arrangements they want, along with evidence to help prove that their proposed arrangement is best for the child.
Declaration letters from both parents are often part of this paperwork. They may be required, depending on your state, court and judge.
Judges often use declaration letters to get background information in preparation for a hearing in which parents can offer additional testimony.
However, some courts don't hold a hearing — instead, the judge decides custody based solely on each parent's declaration letter and submitted evidence.
This process, sometimes called a trial by written declaration, is common in states and counties that have busy family courts. It also became more common during the COVID-19 pandemic, and some courts are continuing this practice.
If you're writing a declaration letter, be sure you're clear on exactly how the judge is going to use it to decide custody — in preparation for a hearing or to make the final decision.
How to write a declaration letter for child custody
No matter how the judge uses your letter, its stakes are high.
It's crucial that you write an effective, error-free letter that meets all of your court's requirements. Be sure to research your state's child custody process and your court's declaration letter rules. Give yourself plenty of time to write and revise multiple drafts so you can present the best possible statement to the judge.
Your letter should be well-organized and specific to your situation. It should demonstrate your genuine commitment to being a good co-parent, make a thoughtful argument in favor of your custody arrangement and show that you prioritize your child's best interests.
If you have a lawyer, they'll provide guidance on what to include in your letter and, possibly, edit it. However, they shouldn't write the letter for you, since it's your sworn testimony and judges want to hear from parents, not their lawyers.
Heading & salutation: Use the formatting preferred by your court (e.g., business letter or legal document format). Include the personal information your court requires, such as your case number. To address a judge, write "To the honorable Judge," followed by the judge's last name.
Introduction (1 paragraph): State when you and the other parent married (if divorcing) or when you began your relationship (if unmarried). Add when you separated or decided to divorce. Include your children's names and birth dates. Finish the introduction with a one- or two-sentence summary or bulleted list of the custody arrangements you're requesting.
Background (1-2 paragraphs): Give the judge more information about your case.
Explain how parenting worked before separation and how co-parenting has worked since separation.
Include information about each parent's work and their work schedule, how expenses are paid, if your child has special needs, the major disputed issues, etc.
Supporting facts & examples (3 or more paragraphs): Explain why your proposed parenting plan and time schedule is best for your child. Give examples of how both parents approach parenting.
If you're attaching evidence (photos, official records, parenting time reports, messages, etc.), explain each exhibit and how it supports your requests. This is the bulk of your letter — it can be several paragraphs or multiple pages.
Be sure to address all of your requests, including child support.
Conclusion (1 paragraph): Clearly restate your custody requests and why they're in your child's best interests.
Sworn statement/oath (1 sentence): You must swear that everything in the letter is true.
Check with your court to see if they require certain wording. If your court requires letters to be notarized, don't sign until you're with the notary public or court clerk.
How to format a declaration letter
Your local court — and possibly your judge — will have specific formatting rules for declaration letters and other statements submitted to the court. Your court may prefer that you use standard business letter format, or it may want you to use legal document formatting.
Either way, make sure to follow their rules precisely. These will most likely include requirements for font style and size, margins, line spacing, page numbers, evidence labeling and more. Some courts might also want you to use specific headings.
If you're submitting your letter electronically, you may have to submit it as a certain file type (e.g., PDF).
Pay particular attention to your court's and your judge's page-length requirement. Declaration letters are often multiple pages, especially if the case is complex and there's a lot of evidence to explain.
For example, California limits declaration letters to 10 pages (not including attachments). However, many judges prefer letters to be no more than five pages. Ask the court clerk or your lawyer for guidance on length.
Downloadable template and sample letter to a judge
Below, find a fill-in-the-blank template, as well a detailed example of a declaration letter. Keep in mind that court requirements and preferences vary.
- Declaration letter template
- Sample declaration letter
Other tips for writing a declaration letter
In addition to proving why your custody arrangement is best for your child, your letter should demonstrate to the judge that you're a responsible and competent co-parent. To do this, keep these additional tips in mind:
- Before you start writing, create an outline to organize your ideas.
- Write professionally, but in your own voice — don't try to sound like a lawyer.
- Be specific.
- Don't ramble or repeat yourself, and don't include irrelevant information.
- Don't lie or make assumptions not supported by facts and evidence — include only information that you have personal knowledge of.
- Don't use inflammatory language or rant about the other parent.
- After writing a draft, check that the letter's organization flows logically.
- Use spell- and grammar-checking tools, and have someone else proofread it for errors.
- Have a lawyer or other legal professional review your letter and give you feedback.
The tools you need for custody court
The Custody X Change app has many co-parenting features and tools to organize evidence and help you win child custody.
- Create a detailed parenting plan that shows your requested legal custody arrangements and co-parenting rules in airtight legal language, demonstrating your competency.
- Make a custom parenting time schedule to show the judge the exact physical custody arrangement you want.
- Keep a custody journal to electronically organize evidence, document incidents and keep a record of co-parenting issues.
- Track actual parenting time and get reports to show the judge exactly how much time each parent spends with your child.
- Use the secure messaging center to keep an accurate record of your conversations with the other parent.
- Link your account to your lawyer's and print your journal, parenting time reports and messages so you can attach them to your declaration letter as evidence.
Custody X Change is software that creates professional parenting plan documents and parenting schedules.
Make My PlanHow to Write a Simple Temporary Custody Letter (with Samples)
Use these sample temporary custody letters as templates for your formal custody letter.
Last updated on July 27th, 2022
Temporary Custody Letter (Free Samples)
A temporary custody letter is a written document that a couple or individual writes in order to grant temporary custody of their child to a relative or friend if they intend to be away for an extended period of time.
Also, a couple may choose to write a custody letter if their going through a divorce or perhaps to resolve a custody problem outside of court.
Usually, this is done to avoid paying an attorney to draw up the letter. In general, this kind of letter serves as an actual legal document that will give the specified individual temporary custody of a child.
Standard Practice
Today more than ever, it's starting to become a standard practice for many parents to temporarily give up guardianship rights concerning their child to someone else. Usually, this is because of either an emergency or planned absence. The letter itself is considered a formal, legal document that needs to follow specific guidelines in order to prove that it's valid.
These kinds of letters can be drawn up for all kinds of reasons, such as business trips, temporary incarceration, vacation travel, or anything else that may temporarily separate a parent and child.
They're frequently used when a parent needs to travel abroad or out of state regarding business and therefore the child must stay with a friend or relative for a certain amount of time.
Importance of a Temporary Custody Letter
The overall significance of these kinds of letters is to enable the father or mother to ensure that their child is properly cared for while they're away. For example, if a child needs medical attention while his parents are away, he won't be able to receive adequate care without a legal, notarized document like this kind of official letter.
Temporary Custody Letter (Free Samples)
Temporary Custody Letter (Free Samples)
Both clinics and hospitals have a very strict policy about offering medical care to a minor without the parents consent.
In fact, most medical institutions won't even treat a child unless one of the parents is present. The goal of the letter is to protect both the parent and child and to allow the child to receive the care they may need during their absence.
Clearly State the Details
Also, the letter needs to clearly state the details surrounding what the temporary guardian is allowed to do and what they're not allowed to do. Usually, if a relative or friend is in charge of the child, ironing out the details is a fairly straightforward process. But, in order to legally protect the parents, the document needs to have the child's best interest at heart for best results.
Basically, the legalities and type of arrangement will dictate how formal the document should ideally be. For instance, the letter needs to be more formal overall if the child needs to stay with a friend for a substantial amount of time rather than those that are just going away on a short two-week vacation.
Format the letter the same way as you would any other kind of formal letter using a block style format. But, you'll also want to incorporate a subject line that states this is a temporary guardianship contract along with the child's name. For the most part, most of these types of letters are intended to cover a time frame of six months or less. Every state has their own set of laws regarding how long a document of this nature is good for.
Spell Out the Details
The terms of the agreement need to be clearly stated in the first paragraph. Ideally, it should begin by stating all the names of everyone involved along with revealing the specific dates including when temporary guardianship starts as well as when it ends.
The next paragraph should state where the parents intend to go in addition to their contact information. Also, be sure to include the names of the child's doctor and dentist in the letter. In fact, it's a good idea to provide a copy of the letter to the child's physician to let them know about the situation.
Most importantly, sign the letter with your legal name. For extra protection, get the letter notarized by an official public notary, although it's not actually required.
Use these temporary custody letter examples as a guideline to create your own.
Sample 1 - Temporary Custody Letter
John and Jane Smith
123 North Avenue
Belmont, Virginia 89452
DATE
Jack and Mary Johnson
789 Lyndon Road
Belmont, Virginia 89452
RE: Temporary Guardianship of Child, Samantha Smith
John and Jane Smith give Jack and Mary Johnson temporary custody of their minor daughter, Samantha Smith from DATE to DATE. This official temporary custody letter will act as a legal and binding document that will enable them to seek medical treatment on behalf of Samantha and to make any decisions concerning her needs for the specified period.
John and Jane Smith intend to travel to New York City on business concerning the dates previously stated.
Therefore, in their absence they will be unable to oversee the needs of their daughter Samantha or provide her medical treatment should she need it during the specified period of time.
They are therefore entrusting their daughter's care to Jack and Mary Johnson and giving them temporary guardianship to make any important decisions regarding their daughter's care. The address of the hotel the Smith's will be staying at is:
Hilton Regency
787 Spartan Lane
New York, New York 10014
(123) 676-9023
Samantha Smith's doctor is Dr. Deetz located at Dixon Medical Center in Belmont, Virginia. Their phone number is (353) 458-9832. Samantha's dentist is Dr. Vogel at Vogel Dentistry. Their office number is (353) 458-7622. You can find a copy of this document at either location. John and Jane Smith can be contacted at anytime on their cell phone at (353) 458-4433.
Sincerely,
(sign your name here)
John and Jane Smith
Sample 2 - Temporary Custody Letter
William and Elizabeth Smith
120 Jisco West Rd.
Jackson, Ohio 45640
DATE
Kimberly and Jamie Harr
98745 St. Rt. 149
Rosemount, Ohio 45662
Re: Temporary Guardianship of Minor Child, Adreauna Smith
From DATE till DATE, William and Elizabeth Smith give temporary custody of their daughter, Adreauna Ford, to Jamie and Kimberly Harr. This Temporary Guardianship Letter will serve as a legal and binding document that will allow them to obtain medical treatment and to make any decisions regarding the needs of the child for this period.
William and Elizabeth will be in Europe on business for the dates listed above. They will not be able to provide medical treatment and see to the needs of their child during these time periods. Trusting in good faith, Jamie and Kimberly Harr, they allow temporary guardianship so they may make decisions regarding their child’ care.
The address of the hostel that the Smith’s will be stay in is 7890 Piccadilly Square, London, England. The phone number there is +44 20 8988 8300.
Since London is five hours ahead of the United States, consideration must be made when calling.
The child's medical doctor is Jill Neff at McCarty Lane Pediatrics in Jackson. Their phone number is 740-286-5245. Adreauna's dentist is Dr. Rebo at Rebo Health Professionals , and the phone number is 740-286-0989. A copy of this letter will be on file at both locations.
Sincerely,
William and Elizabeth Ford
Sample 3 - Temporary Custody Letter
Parent’s Name
Parent’s Address
City, State, Zip Code
DATE
Guardian’s Name
Guardian’s Address
City, State, Zip Code
RE: Temporary Guardianship of minor child, Name of Child
This letter is a legally binding document that gives Name of Guardian temporary guardianship of Name of Parent or Parent’s son, Name of Child. The guardianship will be effective from DATE to DATE. Name of Guardian will be allowed to make any decisions regarding medical treatments or other types of permission required by the child during this period.
Name of Parents will be in India on business during the time given in this letter and will not be easily available to make decisions if any medical treatment is required for their son. The parents can be reached at Address of Hotel, Phone Number of Hotel or by email at Email Address.
The child’s doctor is Name of Doctor and her phone number is Phone Number. The child’s dentist is Name of Dentist and his phone number is Phone Number. A copy of this letter will be given to both doctors.
Sincerely,
Parent or Parent’s Signature
Printed Name of Parent or Parents
By Andre Bradley
Interesting Finds
- Temporary Guardianship For Minors
- Can A Temporary Custody Order Turn Into A Permanent Custody Order?
- Writing a Character Reference Letter for Court (with Sample)
- Writing a Child Support Agreement Letter (with Sample)
- Writing a Child Visitation Letter (with Sample)
Guardianship abroad | Guardian England
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Guardian Abroad is the child's legal representative for the duration of the child's education at the local school or university until the age of majority. A guardian is needed not only for obtaining a student visa and signing documents on behalf of the child, but also for the peace of mind of the parents: he will help the young traveler to get used to the new country and cope with difficult life situations.
22 You can find a guardian on your own or through special agencies.
The latter are widespread in the UK. The candidate, as a rule, must be a citizen or resident and speak the language of the country where the minor student or student is going to study. There are usually no income requirements for the guardian, since he is the temporary legal representative of the child in the absence of parents and does not have to provide for him. Each country may have its own nuances regarding the documentation of custody, but in all cases, notarized consent from both parents will be required.
- 1;
- Consent to check in the sex crime registry.
Who needs a guardian abroad
In general, a guardian is needed for any minor who comes to another country for the purpose of long-term study.
It can be both a schoolboy and an applicant up to 18 years old. For short educational trips, notarized parental consent is usually sufficient to allow the child to travel unaccompanied [2] . If the school is organizing the trip, the power of attorney is usually in the name of the teacher or other chaperone of the group.
It is important to keep in mind that the age of majority may differ from country to country, but in any case, a person will no longer need a guardian from that point on. General requirements regarding the presence of a guardian can be seen in the table:
| Purpose of trip | Duration of trip | Necessity of guardian |
|---|---|---|
| Tourism | up to 90 days standard tourist visa10030 no | |
| year old camp | 1-12 weeks | NO |
| Languages | to 6 week to 6 weeks: Duration depends on the country | |
| Language courses | ||
| dado until the age of majority | ||
| Secondary education | 2-12 years | dado until the age of majority |
| Preparation for the university | 1-2 years old | DADO of adulthood |
| Higher Education | 2-4 year | DADOCE OF MASTENTION |
Why do we need an OPECT abroad.
The largest category of minors who need a guardian while studying abroad are teenagers aged 14-16. At the same time, they usually receive education in closed boarding schools, where qualified teachers work with them daily. The question arises: why does a practically adult, independent person need additional supervision in the person of a guardian? - First of all, the guardian will meet the child at the airport upon arrival in the country, help him get to the place of study, check into the hostel, find out his schedule and deal with all organizational formalities at the beginning of the school year;
- In the absence of parents, the guardian is the legal representative of the minor child and has the right to sign the necessary documents: for example, a lease agreement, an application for opening a local bank account, a visa extension form, an agreement for obtaining a telephone SIM card, etc.;
- The guardian organizes the child's leisure activities during the holidays when the school is closed.
It can be various cultural events, trips, excursions. Also, if necessary, the guardian will find housing and a foster family for the student for the vacation period, if during his studies he lived in the school residence; - Parents can trust a guardian to manage their child's out of pocket expenses. In this case, the guardian will regularly give the student a certain amount for personal expenses, and then provide the parents with a report;
- The guardian can interact with the school management: receive reports on the progress and behavior of the student, attend parent-teacher conferences if necessary, and transfer all information to parents. Some childcare agencies also provide tutoring services;
- In an emergency, the caregiver must ensure that the child receives medical care. If urgent surgical or other serious medical intervention is required, the guardian has the right to give his written consent;
- Finally, in the face of the guardian, the child will see a friend and a person to whom he can always turn with his problem when his parents are not around.
Adapting to a new country can be difficult even for adults, not to mention children.
The guardian in any case will be the legal representative of the child when signing the documents. The final set of guardian responsibilities will vary depending on the terms of the contract. When working with a guardianship agency, parents will know in advance a list of all services. If the family has chosen a guardian independently from among relatives or acquaintances, everything will depend on personal agreements.
Who can become a guardian of a child abroad
The requirements for being a guardian may vary from country to country. All possible options are listed below, but at the stage of applying for a visa, it is worth clarifying who you have the right to nominate in this particular case.
- Related to . If you have a relative in the country where your child is going to study, you can appoint him as a guardian. In this case, a person must be a citizen of the country or have a residence permit.
Some countries will also approve an adult relative with a student visa, such as Australia. It is also worth paying attention to the degree of kinship: somewhere a second cousin is suitable, and somewhere they will not accept the candidacy "further" of an uncle and aunt; - Friend or acquaintance . Most countries do not require a child and family to be related to a guardian. They can be any friend or old friend. Often, parents look for a candidate "blindly", through acquaintances, without even knowing the applicant personally. This method is fully justified, since most often a guardian is needed only formally for a visa. However, it is important to understand that the guardian still assumes legal obligations and can be called to the school at any time. This is especially strict in the UK and Australia, where the nominee must confirm closeness with the family;
- Host family . In the event that the child does not live in a school residence, but in a host family, one of the foster parents can become his guardian for the duration of his studies.
This is convenient, since the child will be under the supervision of his legal representative every day and in an emergency there will be no problems with the availability of a guardian; - Headmaster . This path is logical to choose if the child will study at a boarding school and spend all the time under the supervision of the staff of the educational institution. US educational institutions often offer parents to entrust guardianship to the school administration;
- Guardian from agency . The culture of guardianship agencies is especially strong in the UK, but they can be found in other countries as well. Here, parents will be helped to find a qualified specialist in working with children who understands the school educational system of the country. You can even find a Russian-speaking guardian, which will greatly simplify communication. The services of such agencies are not cheap, but the family will definitely be calm for the child: depending on the package chosen, the guardian will regularly visit the ward, monitor his progress, take him to the doctor and much more;
- One parent .
Often, on a student visa, a parent can travel abroad with a child. At the same time, the parent must have enough time and finances to constantly be in the country of study. Naturally, in this case there is no need to look for another candidate for the role of guardian, since the parent is initially the legal representative. At the same time, in some cases, the visa procedure still obliges the parent to fill out documents on accepting the duties of a guardian.
How to choose a guardian abroad
There are many factors to consider when choosing a guardian for a minor child. Especially if the candidate is not your relative or close friend and you do not have the opportunity to communicate with him personally, it would not be out of place to clarify this information:
- Law-abiding . The guardian must not have a criminal record or other problems with the law. The Spanish embassy even checks candidates for the absence of sexual offenses in their biography;
- Place of residence .
It is best that the guardian lives with the child in the same city. For France, this is a mandatory requirement. So, if necessary, he can quickly get to school or a medical facility. It is also important to have a car; - Language . The guardian is always a resident of the country and speaks the local language at the native level. If the parents of the student do not speak this language at a sufficient level, this can lead to misunderstandings and problems in communication. In this case, you can try to find a Russian-speaking guardian. There are many such opportunities in the US and UK;
- Age . The laws of most countries allow people from 18-25 years old to become guardians of foreign students. However, experienced agents recommend candidates aged 30-40 on average who have more stability in their lives and time to take care of a child;
- Own children . In some countries, in order to become a guardian, you must already be the parent or legal guardian of at least one child.
Such a person knows from his own experience how to find an approach to children and how school education works.
Looking for a guardian abroad
UK
In the UK, the field of guardianship of foreign students is developed like nowhere else in the world. Almost every school requires a guardian for a student up to 18 years old, although by law this is only required up to 16. There is a whole network of guardian agencies in the country. The most reliable are those that are accredited by the AEGIS organization. Here are just a few of them:
- Bright World;
- White House Guardianships;
- UK Guardians;
- LLE Guardianship Services;
- Academic Guardians UK.
The cost of services, of course, is high, but the parent will definitely be calm, and the child will be under the supervision of a professional.
USA
Unlike the British secondary education system, international students under the age of 18 generally do not need a guardian in an American school.
Responsibility for solving all organizational issues is usually assumed by the school represented by the director. However, if a guardian is needed, one can be found through an agency such as Cogito World Education.
Canada
Canadian law requires all underage students ( minors ) from abroad to have a local guardian while living in the country. In some provinces, the age of maturity ( age of majority ) reaches 19 years, so sometimes not only schoolchildren, but also students may need a guardian. There are several agencies in Canada that help young foreigners with finding a guardian or host family:
- First Choice International;
- International Student Guardianship Canada.
Germany
Germany also requires a guardian for the study of foreigners in local schools. At the same time, experience shows that this issue is decisive only at the stage of obtaining a student visa, and all the problems of the textbook are usually solved by the school management.
Therefore, parents wishing to send their children to Germany often look for a guardian among familiar citizens of the country or through Russian-speaking agencies such as the ORSG.
France
As in the case of Germany, the presence of a guardian for the study of a minor in France is important, first of all, for obtaining a visa. The French guardian must live in the same city as the child, and may also be required to vouch for the ward financially. The registration process requires a lot of work with documents, so you can seek help from special organizations:
- ACADEM FRANCE;
- Campus 5.
Spain
While studying in Spain, the student usually lives with a host family or is under the care of the director in the case of a closed educational institution. The principal of a regular school may only be the representative of a child of 16 years of age or older. For advice on the issue of guardianship in Spain, you can contact the organization Spain in Russian.
Australia
To apply for a study visa to Australia, you must fill out a special form, where a relative living in the country will be indicated as a guardian. However, there are organizations that offer to pick up a guardian or host family from their base: for example, IDP.
China
For a minor to study in China, parents must issue a power of attorney for a guardian registered in the same city where the educational institution is located. OU LU / WECO can help with the search for candidates.
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Custody and foster family - Legal portal for foster parents www.adoptlaw.ru.
Home — Questions and answers archive — Custody and foster care
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Alexey (20.09.2017 20:35)
Hello Olga.
My wife and I want to create a foster family.
We turned to the guardianship authorities, collected all the certificates and documents, everything went well until we began to write an application about the possibility of being foster parents. The guardianship gave her form in which there are only 2 forms of adoption and guardianship .The application form downloaded from your site they said is outdated and invalid, only on their form you can write and they will not accept yours. they gave it because right after we started talking about a foster family, they saw our selfish goals. To our arguments that we need a conclusion for a foster family, they say that they don’t give this because we haven’t picked up children yet and about which foster family there is a type of speech. As a result, we entered our data into their form, where there are only 2 forms of adoption and guardianship. Please tell us how to proceed in the future situation. Since we think that the conclusion will not and in the future we will not be created a foster family for guardianship.
We hope for your help. With respect.
Alexey, good afternoon!
The situation is clear. I advise you to apply for an opinion on the possibility of being a guardian, acting for a fee , and demand a written response to it (including a negative one).
Judging by the reaction - screams, conflicting statements (either the form is outdated, or the PS is given only through the Board of Trustees) - the employees are not at all sure about the legality of the refusal, but they try to "scare" you at the application stage so that you apply in a convenient PLO uniforms.
Best regards,
Olga Mityreva
Vasilisa (09/19/2017 23:43)
Olga, good afternoon!
Our family has a youngest daughter, a cat. 4 years under my care. At 11.16, I applied for guardianship for a foster family. An officer came to me. refusal with reference to the Post Prospect of Moscow dated December 23, 2015, No. 932-PP, Post.
Produced in Moscow dated 08.09.15. No. 566-PP.
We are currently applying for admission. family for 3 children. This week we were in the State Budgetary Institution "Childhood" Center. Now we are waiting for the conclusion from the center, because. without him, no documents were accepted in our guardianship. During an interview at the center, the staff told us that we would not be able to take three children without disabilities to Moscow. Earlier in the guardianship, they explained to me that in order to register a foster family, we must take three children from a permanent Moscow. registration. And with our youngest daughter, I was denied a foster family due to the fact that she does not have such a residence permit (her mother left her in the maternity hospital in Moscow, being a citizen of another state), I issued her Russian citizenship, but her residence permit is for 5 years , in my apartment in Moscow.
1. How legitimate is the registration of a foster family only for children with a permanent Moscow residence permit (my husband and I have a permanent Moscow residence permit).
2. Is guardianship obligated to accept a family application from us for the number and age of children we want? Guardianship officials say that we must first write a statement. for custody, and after we take the children, arrange for a foster family.
3. If we take children from the regions, and they refuse to conclude a dog-ra for the adoption of a family, will there be payments for the child based on the Moscow payment standards? The staff of the center said that in this case we would be paid for the children the same amounts that are paid in the region where we take them from.
Best regards, Vasilisa
Vasilisa, good afternoon!
The procedure for registering a foster family for children from other cities has indeed changed (more). However, orphans who do not have registration in Moscow, BUT are in children's institutions in Moscow, are considered permanent residents of Moscow and in their respect an agreement on PS is concluded. Therefore, my answers to your questions are as follows:
1.
A foster family in Moscow is issued for children with permanent registration in Moscow OR those taken from orphanages in Moscow. So, at first glance (without seeing a refusal), the refusal to conclude a PS agreement in relation to your youngest girl - a pupil of a Moscow orphanage - seems to me unreasonable. If you would like a more precise answer, please send a scan of the refusal to my mail (envelope in the upper right corner).
2. Must accept, but not obliged to respond positively. More precisely, it can reduce the number of children on the conclusion of the possibility of being guardians, "acting for a fee" (this is how the conclusion should be drawn up so that you can then accept children into a foster family on it). Here is the procedure for creating a foster family.
3. This issue is not regulated in any way in the legislation. The region of origin does not bear any obligation to pay for the "departed" child, and in practice, adoptive parents either do not receive any payments until they conclude a FP agreement with them, or receive only payments for the maintenance of the child - if the child is permanently registered in Moscow.
Best regards,
Olga Mityreva
Julia (11.09.2017 12:28)
Good afternoon, Olga!
In the orphanage, an employee is very attached to the girl we want to adopt and would like to take her under guardianship, she is a candidate for guardians, but she became one only this year, but we stood in line for about a year, as soon as we got a call, we immediately took the direction and went to meet with the child, we signed the consent in the guardianship authorities and in the orphanage. This employee filed complaints with the prosecutor's office with a request to check the legitimacy of the actions of the guardianship authorities and the psychological attachment of the child. Of course, in terms of affection, the employee is in a more advantageous position, since we saw the child only 3 times a week (the girl is sick and contacts are not allowed). How competent is such a check and how should we proceed? Can we file a counter-complaint with the prosecutor's office, why is the transfer of the child under temporary guardianship being delayed, although we have everything ready for this (act of inspection of the premises), the rest of the documents are being updated (certificate of no criminal record in work)?
Yours faithfully
Good afternoon, Julia!
The position of the DD employee is not very clear to me - she could have taken the girl into her own family a long time ago if the attachment is so strong.
I advise you not to respond to this complaint (do not waste your energy), but to focus on getting a timely response from the PLO to your own application. The most important contact for you at the moment is the PLO, and not the prosecutor's office, which may not respond to this complaint.
Best regards,
Olga Mityreva
(development of the situation, quote from Yulia’s letter to the post office: “Yesterday they took our girl from the house with big problems and three complaints from our side to the prosecutor’s office and the Ministry of Health. With the order for temporary guardianship, we immediately went to the house, the lawyer of the house said that the child will not be handed over to us, as a prosecutor’s check is underway (this check does not concern us at all!).We were forced to appeal to the prosecutor’s office and the Ministry of Health with a request to assess the legitimacy of the actions of the leadership of the DD, accompanied by PLO workers, yesterday they took the girl home, having heard impartial words addressed to us, but this is mere trifles in comparison with the happiness that has settled in us! "
Ilya and Elena R.
(30.08.2017 15:42)
Hello, Olga!
We turn to you again for advice. We want to take custody of the child. The girl was adopted by people living on our street. This spring, their father died in an accident, and their mother decided to refuse adoption. We were in custody, we talked about our desire, but they only tell us that they have no right to say anything.
According to that mother, on 07/31/2017 there was a trial. And it seems that the desire of the mother was satisfied. But guardianship decided to change something and somehow the court's decision was canceled. I can’t describe it more precisely, because. all this from the words of the mother, the former adoptive parent. According to her, now all this will drag on for years. Since May, the girl has been living in a rehabilitation center. We are not allowed to visit. We want to fight and get the child out of this center and take her into the family.
Question for you - how can this be done? Where to start? Guardianship does not even want to talk to us, referring to the secrecy of adoption.
We look forward to your help! Sincerely!
Elena and Ilya.
Elena and Ilya, good afternoon!
You need to start by contacting the PLO with a written application (attached with a complete set of documents) with a request to provide information about the girl and issue a referral for a visit. In the application, you can add information about the adoption that you learned from the adoptive mother herself - the secret of adoption leaves it for her to disclose this secret.
Ask for a written response to your application (even if negative). This is the only way to get reliable information about the situation with the girl (when you need to put your signature and seal, the information is double-checked) and officially record your intention to accept the girl into the family. If the answer is negative, write, we will discuss what to do next.
Best regards,
Olga Mityreva
Maria Iva (12/20/2016 15:36)
Hello.
In October, our family decided to accept children from the Republic of Tyva into the family.
I wrote a statement in our guardianship that I want to accept children as foster children in Tuva, we were given a decision for the children that we take children under guardianship in our guardianship, I signed an agreement on October 18, but the money has not yet been paid on December 6, they called me from our guardianship and said that it was necessary to conclude a new contract, and for those months that we had children, we will only receive money for guardianship, but I’m not a lawyer and we discussed in advance in all guardianships what we have foster family The Ministry of Education of the Krasnoyarsk Territory believes that the contract that I concluded on October 18 is illegal
Please advise what to do
Maria, good afternoon!
I advise you to demand from the PLO a written refusal to conclude a PS agreement on your application dated 10/18/2016. It must indicate the specific grounds and articles of the law in support of the refusal.
Until you receive a written denial of your first application clearly outlining the "defects" in your original application, no new applications should be submitted.
