General rules
By law, children under the age of 14 must be registered at the place of residence of one of the parents. This procedure is not done automatically. Therefore, you need to go to the passport office at your place of residence and bring the following documents.
- Child's birth certificate.
- Passports of both parents.
- House book. Every apartment has it. But even if you can’t find it, it’s not scary. They'll get you a new one.
- Application for registration of a child at the place of residence of the parents. You will find a sample of such an application on the stand in the passport office.
- Consent to such registration (given by the second parent if mom and dad are registered in different places). You will also find a consent form at the passport office. It is written in free form by hand or printed on a computer.
All this is free. There are no state duties or other expenses.
Is it possible not to register an apartment purchased with maternal capital for children?
Can a mother register the share of her minor son?
What to do if the mom or dad registered in the apartment are not the owners of this home? This does not matter for registering a child. Just as the consent of any of the homeowners is not required.
Registration options
Depending on the rights to residential premises, the registration of the child with the mother will have some specifics.
To public housing
In order to register a minor child:
- the parent must be the tenant of the municipal area (or a relative of the tenant);
- The consent of the guardianship authorities may be required if the new registration is related to the sale of the previous home (for example, after a divorce and division of property).
At the time of privatization of living space, a registered child acquires the right to count on a share after completing the procedure.
To your own living space
If the mother is the owner of the property, she is able to register the child with her without asking the permission of the co-owners, if any. The father gives consent only in case of separation.
The process becomes more complicated if:
- the minor is registered with his father, but he does not give his consent to subsequent registration with his mother;
- The mother’s living conditions are worse than those of the second parent.
In such situations, you can force a forced discharge through the court. You will need to provide maximum evidence why the child should be registered with the mother.
What is your registration?
Registration at the place of residenceRegistration at the place of stay
A parent may be denied registration of a child in her own home if:
- a minor is the owner or co-owner of an apartment/house at the previous registration address and the rules for providing a similar share in the new location have not been followed;
- the mother has been deprived of parental rights.
Interesting article: Temporary registration of a child for enrollment in school
The following is not grounds for refusal:
- the presence of debts on utility bills;
- lack of square meters per registered person.
The owner has the right to independently decide who to register on his premises and for how long.
The mother has a residence permit, but she is not the owner of the property
For joint registration of mother and child, it does not matter whether the parent is the owner of the living space or is only registered at this address. The consent of the homeowner is not required for this. These conditions are enshrined in law in the Civil and Housing Code.
Where to contact?
So, after the birth of the child, having received a birth certificate, you need to:
- go to the passport office and provide all documents for registration;
- receive a house book (which you handed over to the passport office) with a note indicating that the child is registered at the specified address;
- receive a “receipt” for the child’s registration. It is best to keep it with your birth certificate. This form, received at the passport office, serves as confirmation of “registration” at the parents’ address (this way you don’t have to carry a house register everywhere).
How to register a child at the place of registration of the mother?
The registration procedure for children, including newborns, does not occur automatically. Having collected the necessary package of documents, you will have to go to a certain authority.
Where to contact?
During a personal visit, the service is provided by:
- passport office of the management company of the house where you live;
- branches of the FMS (Federal Migration Service);
- "My Documents" section.
It is convenient to submit an application online through the State Services portal. The entire operation takes place from your personal account. Submitting an application online proceeds as follows:
- Go to – https://www.gosuslugi.ru/10050
- A list of services that you can use will appear on the page. Select what you need in the column (temporary registration is at the place of stay, permanent registration is at the place of residence).
- On the right, click on “Get a service”. Next, a statement will open.
- In the first paragraph of the application, check that you are the child’s representative and are his mother.
- Next, enter the information required by the system. Information about children must be entered according to the original documents.
- At the end of the questionnaire you will be asked to select your city and area of residence. The portal will automatically display the nearest branch where you will need to go to obtain a child registration certificate. If there is no government agency nearby, the system will offer to select another area.
- After filling out all the lines, agree to the processing of personal data and check the box indicating awareness of responsibility for providing false information. Submit your application.
Later, a notification about registration of the application will be sent to the State Services user’s email and personal account. Based on the results of its consideration, the system will notify you of the opportunity to approach the specified organization to submit original documents and obtain a certificate.
Interesting article: Why does a child need a registration and how to do it?
Should a child be given property?
After birth and registration in the apartment, the child does not need to allocate part of it to ownership. This is not provided for by law. But if you want, you can do this. However, if you plan to sell this apartment before your child’s 18th birthday, it is better not to give him ownership. Otherwise, you will have difficulties with the guardianship authorities. Another exception is the purchase of housing using maternity capital. But this is a separate story and has nothing to do with “registration” as such.
How long can you live without registration?
The main thing about maternity capital for buying a home
What documents are needed?
General list of documents that will be needed to register children:
- application from the parent (guardian/adoptive parent) in the form approved by law;
- birth certificate;
- passport if the teenager is 14 years old;
- parents' passports;
- written consent to the registration of the child by the second legal representative (for example, the father).
The application can be printed and filled out at home - form No. 6 (permanent registration) and form No. 1 (temporary registration).
When should a child be registered in an apartment?
Parents who do not register their child at their place of residence within a month after the birth of the child risk receiving a fine of 2 thousand to 5 thousand rubles (according to the Code of Administrative Violations). You will be fined based on a tip from vigilant neighbors, the house committee, and even the local pediatrician. In addition, you cannot place a child “without registration” in a kindergarten; it is more difficult to assign him to a clinic, etc.
A special case when one of the parents (most often this is the father) does not communicate with either the second parent or the child himself and does not consent to the baby’s registration at the mother’s address. In this case, there are two options.
- Contact the passport office and, after explaining the situation, register the child with yourself. And in case of refusal, appeal it in court.
- Try to come to an agreement with the father (or mother) of the child. If this cannot be done, then you also need to go to court.
Is it necessary to register a child at the place of registration of the mother?
According to the law (Civil Code of the Russian Federation, Art. 20), children under 14 years of age are required to live and be registered with their parents or guardians. One of them is enough, and it does not matter which of the legal representatives is registered together with the minor - the mother or the father.
From the age of 14, a teenager can register independently and separately from his parents.
If the parents do not live in the same territory (registered at different addresses), the mother has the right to register the child where she lives. The procedure is possible with the permission of the other parent. The system also works in the opposite direction. The father has the opportunity to register the children in his living space, and in this case the mother's permission is required.
The law obliges to request the consent of the owner for registration in his home, but in the case of children this clause is not required to be observed (LC RF Art. 70).
If the registration is temporary, then the period of residence of a minor citizen is equal to the period of registration of the parent registered in the living space. At the end of this period, the entire family is automatically deregistered.
Parents are required to register children discharged from one place at the new place of residence 7 days in advance. It is also illegal to live without registration at all. For any of these violations a fine may be imposed - from 2,000 rubles. (Administrative Code of the Russian Federation Art. 19.15.2)
Interesting article: How to obtain temporary registration for a child?
Does the mother have the right to live at the place of registration of the child?
Prove that it is possible to create good living conditions for your son or daughter, since there is a comfortable apartment with a normal area. Having a permanent job with a decent salary, which will provide an opportunity to provide a comfortable existence for the child. Provide evidence that the other parent cannot provide the child with the proper level of well-being.
When parents voluntarily decide on the registration of a child after a divorce, they enter into an agreement in writing. By law, such registration is not required, but in practice this paper is required quite often.
Procedure for registration at the place of residence
To register a minor, the mother must:
- Contact the MFC, passport office or other registration authority at your place of residence.
- Fill out the application, form No. 6, which is issued by a specialist from the institution (a sample form can be found on the tables for visitors).
- Along with the application, provide your passport and child’s birth certificate with copies and, upon request, additional papers.
The specialist examines the received documents, determines whether they are filled out correctly, and then takes them away for processing. In return, the applicant is given a receipt for the seized documents, which will be returned after registration. The entire procedure may take 5-7 business days.
REFERENCE! In addition to personal appearance, the mother can send documents by mail or use government services.
The lack of additional documents cannot be a reason for refusal of registration , but, nevertheless, most authorities request a house register (for private households) or an extract about persons living with the mother (for apartments).
For newborns, there is a rule according to which, in order to permanently register a baby a month after birth, confirmation of the absence of registration from the father, if any, is required.
During the application, specialists additionally require a certificate of registration of ownership. In its absence, an extract from the Unified State Register is used.
In certain circumstances, a real estate purchase and sale agreement, a certificate of inheritance, a social tenancy agreement, etc. may be provided.
If the mother has permanent registration in a living space that is not her property, the child is registered with her, regardless of the decision of the owner of the premises and other residents. The father's consent is not required for his registration with his mother.
A certificate of payment of utility bills is not always requested. Most often, specialists receive information about this electronically through a direct request. The presence of debts on utility bills is not a basis for refusing to register an infant.
Failure Cases
When can they refuse to register a child at the mother’s place of residence? The most common reason is the incompleteness of the submitted package of papers .
It can be easily resolved - the package is supplemented with the necessary documents, and the application is resubmitted.
However, another reason for refusal is the lack of consent of the guardianship and trusteeship authorities during simultaneous discharge and placement in a new place. This may be due to a significant deterioration in the child’s living conditions.
Through MFC
The centers perform an intermediary function and provide consultations to the population free of charge on issues of registration of citizens. The set of documents is submitted in the same way as when applying directly to an authorized body, such as a passport office, a service company or the Federal Migration Service of the Russian Federation.
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The centers have a complete database of information about citizens and real estate, obtained from passport offices and Rosreestr. If there is insufficient information from the submitted documents, employees can make a request to obtain them from them, however, it is recommended to provide all supporting documents at the reception.
Does the mother have the right to live at the place of registration of the child?
Unfortunately, it is impossible to forcibly move in without the consent of all residents. Neither Article 79 of the RF Housing Code, which establishes the right to move in family members, nor Article 80 of the RF Housing Code, which establishes the legal status of temporary residents, allows for the move-in of anyone (except for minor children) without the consent of all family members.
USEFUL INFORMATION: What are the grounds and procedure for deprivation or restriction of parental rights
A former family member of the owner who uses residential premises on the basis of a court decision made taking into account the provisions of part 4 of this article has the rights, duties and responsibilities provided for in parts 2 - 4 of this article. 7.
Payments cannot be more than half the monthly earnings of the person paying child support, and their size varies depending on the number of children:
- for one - 25%;
- on two – 33%;
- for three or more - 50%.
Can a mother live at the place of registration of a minor child? This issue becomes especially acute in the event of a divorce due to a decision to leave the child with the father. As a result of divorce proceedings, children cannot be deprived of their shelter. What about the adult family members? What rights does the ex-wife have regarding the use of the residential premises where the husband and child live?
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As already mentioned, the interests of children are higher than those of adults. Even if the divorced spouse simply rents the premises or uses it for any other reason, it will not be difficult to register the child with him.
Family members of the owner of residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner.
As already mentioned, the interests of children are higher than those of adults. Even if the divorced spouse simply rents the premises or uses it for any other reason, it will not be difficult to register the child with him.
The situation is similar with deregistration. If this happens by decision of the parents, for example, as a result of their acquisition of real estate, then no problems arise.
As a rule, by the time of the trial, the separating parents have already agreed where and with whom the child will live, but if the degree of tension in the relationship does not allow dialogue, then the court will resolve this issue (Clause 2 of Article 24 of the RF IC).
Due to the fact that my husband does not want to communicate with his mother, she threatens to expel him from the apartment where he is registered, but does not have property rights and to file for alimony. Is it possible to discharge him without his consent? And is it realistic for her to get alimony given that we have one child together and I’m pregnant with the second.
WHEN YOU ARE DISCHARGED FROM THE MATERNITY HOSPITAL, YOU WILL RECEIVE IN YOUR HANDS ~ Maternity Exchange Card ~ Birth Certificate. A document confirming that the child was born by you. With this certificate, you need to appear at the registry office within a month and register a new person.
If registration on the property has been carried out, spouses and children will retain the right to live in the premises even after a formal divorce.
This results in not only a change of place of residence for all family members, but also other pressing problems. What will be the registration of a child after a divorce? The answer can be found below.
What rights does a minor child registered in an apartment have?
Since the trial is taking place with the participation of representatives of the PLO, the best option for further residence and registration of the baby will be chosen
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In order to win back the child, but not for the sake of the desire to annoy the ex-spouse, but precisely for the good of the child, it is important to correctly state the motivation when drawing up the application, so it is better to entrust this responsible matter to a lawyer, a specialist in cases of this kind. Why is it necessary to register a child? Registration is necessary to ensure the normal functioning of the child, because without a certificate of registration it is impossible to:
- receive free medical care;
- enroll the child in a preschool or school;
- draw up paperwork to receive maternity capital;
- receive benefits, benefits, etc.
An appeal for any of the above reasons requires the provision of a certificate of registration of the cub.