Guardianship by the foster parents
If there is guardianship for a foster child, this can be transferred to the foster parents. As a rule, such a transfer only makes sense if it is foreseeable that the child will live with the foster parents permanently or at least for a longer period of time.
The transfer of guardianship to the foster parents can be suggested, among other things, by the foster parents themselves and by a youth welfare office. There is no formal application procedure.
If foster parents are given guardianship, they represent their foster child in all legal matters. In principle, they are as independent as the parents of a child, but they are under the supervision of the court. The well-being and interests of the foster child must be at the forefront of all decisions. Important decisions must be discussed with the child within the scope of his or her possibilities.
Certain documents are not required.
If a suggestion is received by the competent court, it will usually obtain an opinion from the local youth welfare office and check whether all the requirements for taking on guardianship are met and what alternatives exist. Ultimately, the specific course of the proceedings in each individual case is also subject to the decision of the court.
If guardianship is to be established for a child placed in a foster family, guardianship may also be granted to the foster parents. Such an arrangement is particularly appropriate if the child is well integrated into his or her foster family and it is foreseeable that he or she will be cared for there for a longer period of time.
If those affected decide to seek legal advice and/or representation, they may have to pay the costs themselves.
The transfer of guardianship of a child to its foster parents can be suggested by the foster parents themselves, by a youth welfare office, but also by other persons (e.g. the child's parents).
The competent court decides on the establishment of a guardianship and the transfer of guardianship to certain persons. The court decides on a case-by-case basis what information it deems necessary and which persons should be involved. As a rule, an opinion from the Youth Welfare Office is obtained.
The duration of the procedure depends on the individual case.
Deadlines are not to be observed.
The child and the Youth Welfare Office have legal options against the transfer of guardianship to a specific person or body.
Depending on the individual case, other persons may be entitled to file a reminder.
The establishment of a guardianship and the related appointment of specific persons or bodies is not a benefit that is requested.
Whether a court uses a form for required information is up to the court's decision.
The text was automatically translated based on the German content.
Lower Saxony Ministry of Social Affairs, Labour, Health and Equality
To the District Court (Family Court)
