Permanent guardianship (custody)

Most families who feel the need to help children first think about adoption. Nevertheless, there are no opportunities to adopt a large number of children deprived of parental care. In such case, the most appropriate form of guardianship is permanent guardianship. Permanent guardianship means the child care, upbringing, representation and protection of the child’s rights and legitimate interests until he reaches adulthood.

Every year more and more families find themselves in guardianship. Most families decide to become guardians because of their inner desire to help. Sometimes the decision to become a guardian is also determined by a sense of duty, i.e. when you decide to become a guardian of your grandchildren, sisters, brothers or other children related by family ties.

Why are children placed under permanent guardianship (custody)?

When a child loses his parents or the parents, for one reason or another (addictions, illness, lack of social skills, neglect of the child or abuse of parental authority), are unable to take care of the child, a guardian is assigned to the child, sometimes even until adulthood.

What are the duties of the permanent guardian (custodian)?

The guardian takes care of the child in many ways: ensures his care, upbringing, education, protection and representation of his interests and rights. The permanent guardian takes care of the child continuously, creating suitable conditions for the child’s spiritual and physical growth, providing him with housing, food, social security, full assistance and support. This is a long-term commitment because children are one of the most vulnerable groups in society, so it is very important that the permanent guardian was able to establish proper relationship with the child under guardianship, based on mutual trust, and can ensure uninterrupted care. If you decide to become a permanent guardianship, you will first have to assess your preparedness and willingness to take on the responsibility.

Who can become a permanent guardian?

You can become a guardian if you are already 21 but no more than 65 years old. If you are 65 or older, you can become a guardian of a child up to 10 years old. Close relatives may become guardians when they reach the age of 18. It does not matter whether you are single or have a spouse (partner).

What is the difference between permanent guardianship (custody) and adoption?

In case of permanent guardianship (custody), the State and the municipality make essential decisions concerning the child and allocate funds for maintenance. Furthermore, the child does not acquire the family name of the guardians, the rights to inheritance of property, and the guardianship (customer) itself can be cancelled or terminated. Permanent guardianship (custody) is a better solution for children who frequently maintain relationship with their biological parents.

On the other hand, after adoption, the child becomes a full-fledged family member and heir, because during the adoption, all ties between the child and his biological family are broken. Adoptive parents become the child’s legal parents.

What is the difference between permanent guardianship (custody) and temporary guardianship (custody)?

Temporary guardianship is established when a child’s health and life are at risk and he is taken from an unsafe environment and handed over to a temporary guardian (custodian). The purpose of temporary guardianship is to return the child to the biological family, therefore, permanent guardianship differs from temporary guardianship in that it is established by a court decision limiting the parents’ parental authority and continues until the child reaches adulthood.