Alternative personal care

(Section 45 of the Act No. 36/2005 Coll. on the Family)

Where it is in the interests of the underage child, the court may entrust the minor in alternative personal care. In this way the minor can be entrusted in care of only a natural person:

1. with permanent residence in the territory of Slovak Republic,
2. having  legal capacity for legal acts in full scope,
3. personal prerequisites,
    a. particularly related to heath, 
    b. personality and morals, 
    c. who, with his or her life style and that of the people living with him/her in common  household guarantees to undertake alternative personal care in the best interests of the minor child. 

In entrusting the minor in alternative personal care, the court will give preference particularly to the minor's relative, provided the relative meets the prescribed prerequisites.

The person in whose alternative personal care the minor has been entrusted shall be obliged to undertake personal care of the child in the scope in which it is undertaken by the parents. The person shall have the right to represent the minor child and manage his or her property only in ordinary matters. Where this person believes that a decision of the legal representative of the minor in an essential matter is not consistent with the best interests of the minor, he or she may file  for having  the consistency of particular decision of the legal representative examined be the court. 

The parents of the minor shall exercise the rights and obligations derived from parental rights and obligations only to the extent that these do not belong to the person in whose alternative personal care the child has been entrusted. Parents shall have the right to meet with the minor child that has been entrusted in alternative personal care. If they do not reach agreement on the exercise of this right with the person in whose care the minor has been entrusted, the court shall make the decision upon petition from either of the parents, or this person. 

The parents' maintenance obligation towards the minor child shall not cease by the court's decision. In its decision on entrusting the minor in alternative personal care, the court shall determine for the parents, or other natural persons obliged to provide maintenance for the underage child, the scope of their maintenance obligation, and, simultaneously, it shall impose on them the duty to remit the maintenance to the person in whose alternative personal care the minor has been entrusted.

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