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.
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.
Who should I contact?
To the District Court (Family 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.
Which documents are required?
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.
What are the fees?
If those affected decide to seek legal advice and/or representation, they may have to pay the costs themselves.
What deadlines do I have to pay attention to?
Deadlines are not to be observed.
The duration of the procedure depends on the individual case.
Applications / forms
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 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.
A guardianship should be established for your foster child
an existing guardianship is to be transferred to another person
they want to take over this guardianship.
If this applies to you, it is recommended that you discuss the matter with the responsible youth welfare office.
It is easier if the Youth Welfare Office already sends a favourable suggestion to the court.
If there are reasons in individual cases that speak against the transfer of guardianship of your foster child to you as a foster parent, these can be discussed in advance.
Technically approved by
Lower Saxony Ministry of Social Affairs, Labour, Health and Equality
The text was automatically translated based on the German content.