One of the most important stages at the very beginning of the life of a newborn citizen is official registration at the place of residence.
To do this, new parents will need to go through a number of bureaucratic procedures. For these reasons, it is important to examine in more detail the issue of registration of a child under fourteen years of age.
Conditions for registering children, where and with whom can they be registered?
The existing legislative framework directly indicates that registration of a minor citizen under 14 years of age is permitted:
- With a parent or with both parents at once, if they live together in the same apartment (house). In the event that the persons who are the parents of the baby are divorced or not married and live separately, the registration of the minor will take place on the basis of their mutual consent to one of them;
- With a person acting as an adoptive parent or guardian.
Regardless of whether the apartment in which the child is registered is municipal property or has been privatized, the following rules apply:
- The living area of the property does not in any way affect the possibility of registering a minor;
- To register a child, you do not need to obtain consent from the owner of the apartment and other persons registered in this housing;
- A minor citizen registered at a specific address has similar rights to other persons registered in the apartment.
Minors under 14 years of age cannot be registered with close relatives or other people unless one of the parents is registered in the apartment.
Who decides on the place of residence of a minor?
The law establishes that all issues related to the upbringing, support and accommodation of minor children are resolved by parents jointly by common consent. The fact that the parents are divorced does not affect this rule: divorce does not terminate parental rights and responsibilities - deprivation or restriction is carried out only by the court and only in emergency situations when there is a threat to the life, health or inherent interests of the child.
Parents have the right to enter into an agreement among themselves about who their son or daughter will stay with after the divorce at any time. Since the dissolution of a marriage in which there are minor children occurs only through the court, this agreement must either be provided to the judge in writing, or indicated in the statement of claim. If there is no dispute between the father and mother on this issue, the judge will not interfere and will approve the agreement exactly in the form in which the former spouses entered into it.
However, in the case where there is still a dispute, or the facts indicate a violation of the interests of one of the family members, the decision will be made directly by the judge based on the circumstances of the case.
The procedure for registering a child and the necessary package of documents
The current rules that regulate the process of registering a baby at an address clearly describe the entire procedure, as well as a list of certificates and papers for this procedure. To register a minor under 14 years of age, it is recommended to collect all certificates in advance and then contact the regional passport office. Need to collect:
- A written statement
from the parent to carry out registration actions against him; - Original and copy of birth certificate
.
When adopting a child, the original and a copy of the adoption document
; - Sometimes a certificate of personal account
(information about payments for utilities and general information about housing) and
an extract from the house register
; - Original and copy of passports
of each parent; - Original and copy of marriage certificate.
Important:
Registration of a minor at two addresses is prohibited; this is a direct violation of the current law, since a person can only be registered at one specific address.
Discharge of a child in case of divorce
In a divorce, the child remains to live with one of the parents. This may result in the need to change your residential address. The fact that a minor has moved is not a reason to remove him from the apartment. The very possibility of deregistering a child and the procedure for obtaining documents depends on factors:
- whether the apartment is privatized or municipal;
- whether the minor has a share of the property;
- the housing into which the child moves must be no worse than the previous one.
The rights of a minor are protected by the Family Code of the Russian Federation and other legislative acts. In addition to the consent of both parents for registration, permission from the guardianship and trusteeship authorities will be required.
If one of the parents needs to remove a child from an apartment in which he does not live, then the parent who owns the property can obtain permission to remove him through the court. To do this you will have to provide evidence that:
- the child does not use housing - attends an educational institution in another area;
- has decent living conditions in a new apartment - certificates from the housing office or management company, an extract from the house register at the new address;
- the child was not registered with a share of the current living space during privatization, purchase or inheritance;
- The guardianship authorities agree to the release of the minor.
If the materials provided convince the court that the interests of the child are respected, it will recognize him as having lost the right to use the apartment, which will allow him to change his registration.
Note!
If the child has no place to register after discharge and it is not proven that changing his registration will not worsen his living conditions, then neither guardianship nor the court will give permission to change his registration.
Registration and deregistration are carried out by departments of the Ministry of Internal Affairs. Documents can be submitted in person, through the MFC or the State Services portal. You must fill out an application to change your registration. Children over 14 years old write it themselves; a parent fills it out for younger ones.
List of documents if parents are divorced or live at different addresses
If the people who are the parents of a minor are not legally married and live separately from each other, in order to register the minor at a specific address, you must obtain official consent from one of the parents. Such consent must be drawn up in the presence of a passport office employee in free written form. Certain passport offices have standardized forms for such consent, which facilitates the procedure for drawing up the document.
List of certificates required for registration of a minor if his parents live separately:
- Written consent from the parent who does not live with the child to carry out the registration procedure. If the baby is registered with his mother, then this paper is usually not required from the father;
- Original and copy of the birth certificate or adoption document of the baby;
- Application for registration actions for registration. Sample;
- Marriage/divorce certificate, if available;
- Sometimes information about the personal account and registered persons (from the house register) may be useful;
- Copies and originals of both parents’ passports;
- A certificate stating that the child was not registered at the registration address of the second parent. This certificate guarantees that the minor does not have a double registration, which is often used as a tool for financial fraud to obtain additional material benefits. It should be remembered that this document is not mandatory, so it can be omitted.
If one of the spouses, due to certain circumstances, cannot be present during registration actions, he must provide his written consent to carry out such procedures, certified by a notary.
If one of the parents refuses to register a minor, his registration will be carried out on the basis of a court decision.
What does the law say about registering a child after parents’ divorce?
Where should a child be registered after a divorce? Based on the requirements of family law, after divorce, a son or daughter must have permanent residence with one of the parents. In practice, this issue is resolved in the following way:
- in the vast majority of cases, the minor remains with the mother. If she owns housing (entirely or a share in the right), her registration will be there. If she is registered in a residential area that does not belong to her, her son or daughter is registered there;
- if the mother does not have housing or living conditions do not allow the minor to be registered there, he is registered with the father. This rule does not apply to cases where the mother lives in the premises on the basis of social rent: the child still receives the right to live with her, and the position of other family members will not be taken into account - the rights of the minor are more important;
- if the living conditions of the child’s close relatives (grandfathers, grandmothers, older sisters, etc.) allow, he and his mother can be registered there. Moreover, up to the age of 14, registration is required only for a mother and son (or daughter) together - a child cannot be registered alone.
USEFUL INFORMATION: How can you file a claim for alimony if you don’t know where your husband lives?
In what authorities is registration carried out?
To register a child at a specific address, you must contact one of the following state registration authorities:
- The housing department, which is responsible for the maintenance of the residential building in which the baby will be registered;
- MFC branch for a specific region;
- To the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS).
It is possible to submit an application through the State Services portal. To do this, follow the link.
If there is a branch of the MFC in the locality, then it is better to contact this authority to register the baby. This is due to the fact that the MFC has a database with extensive information about real estate. For this reason, for registration actions you will have to provide a small list of certificates. It is worth noting that the MFC branches have an established process for receiving and servicing citizens.
Difficulties that parents may encounter if their child does not have a residence permit
The importance of registering a minor cannot be underestimated. If he does not have a residence permit, it will be difficult for his parents to meet his minimum needs for education and medical care. He will not be able to register at the clinic, go to kindergarten, or receive benefits from the state and various benefits.
All parents, before registering a child, must evaluate the pros and cons. Experienced people recommend that you first study the distance of educational institutions from the child’s place of registration, how far away clinics and hospitals are.
It is worth studying the question of who exactly owns the living space. If the apartment is municipal property, the registration procedure will be quite complicated due to the need to collect a larger package of documents.
For a child’s lack of registration, parents may even be subject to administrative liability and required to pay a fine.
Therefore, it is important to ensure that the child is registered in the first days of life, which will eliminate the possibility of various problems of a domestic and legal nature.
How are disputes resolved?
If necessary, when spouses divorce, the child is registered with the father and lives with the mother. If this is done by mutual consent of the parents, then there will be no problems here. They will arise where the mother cannot remove the baby from the registration register from the father’s living space. There is no way to resolve the case without a court decision, and you will need to provide evidence that the child lives with the mother
The legislation of the Russian Federation is aimed at protecting the rights of children. It strictly regulates issues such as birth registration and residence registration. Whatever the relationship between spouses, the rights of children should not be violated. Their interests should be put first when resolving controversial issues.
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Who should submit documents?
- If a child’s parents are married and live together in the same living space, they must go together to the registration authorities to submit an application and a package of documents for registration.
- If the parents are divorced and live separately, they are still required to come together to the state registration authority.
Situations often occur when one of the parents lives in another city or for some reason cannot come to the state registration authorities. In such circumstances, he must provide his written consent to carry out such procedures.
If a newborn child is registered with the mother, then the father can submit all the documents without her presence and trust.
Registering children with ex-husband
Can an ex-husband register his child? Undoubtedly, a father has the right to register his own child with him even after a divorce from his wife. This procedure will not be complicated by any nuances associated with divorce.
However, when the child, after the breakup of the family, by agreement between the former spouses or a court decision, remains with the mother and she is against the minor being registered with the father, this will not be possible.
In any case, the mother’s written consent is required .
If he was initially registered with the father, the mother does not object and lives with the baby in the same locality, then it is not necessary to change the place of registration .
You can learn about the peculiarities of registering a newborn child at the place of residence of the father or mother from our articles.
