The category and area of living space do not play a significant role. A child can be registered in the mother’s home even if the required living space standards for one person are not available. The main condition is that the premises must be residential according to the documents.
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Permanent registration of a child outside the mother's place of residence is possible if the minor is at least 16 years old and has received consent from the mother to live separately.
Registration of a minor outside the mother's place of registration is possible for other valid reasons - for example , when the mother is deprived of parental rights and the child cannot live together with her.
Concept
The term "propiska" is still widely used.
At the legislative level, it was abolished in the early 90s and replaced by the concept of “permanent registration”.
It is of a notification nature and does not require permission from state authorities and municipalities.
Permanent registration is a legally valid and officially registered fact of a citizen’s residence in a certain living space.
Permanent registration must be distinguished from registration at a place of temporary residence. It must be limited to a specific period, while the well-known term “registration” implies the right to live indefinitely in an apartment or private house.
Required documents
The efficiency of registration depends on the organization of the preparatory stage. The birth of a new person is always accompanied by troubles, for which one should not forget about timely registration. The first task is to prepare the basis for performing this procedure.
Necessary documents for registration of children in the Russian Federation:
- Statement. If only the mother submits, the father’s consent is not required. But in the reverse order, the mother's written permission is required.
- Passports of parents or guardians.
- Birth certificate. Received from the registry office after providing a certificate from the maternity hospital. The processing time does not exceed 2 days.
- Marriage certificate.
- If parents are registered at different addresses. A certificate from the place of residence of one of them stating that documents for registration of the newborn were not submitted.
This is the optimal list of documents needed to start the process. The application is submitted upon submission of all information and is filled out locally.
What is needed to register a child in an apartment:
Advice! You cannot delegate registration rights to close relatives, but you are allowed to issue a notarized power of attorney. This is relevant if parents are physically unable to complete this procedure within the prescribed time frame.
Rights of minor children
A child has the right to be raised in a family and live with his parents. The procedure for exercising parental rights is established in Art. 65 RF IC . If parents are not deprived or limited in parental rights, then they decide together on the issues of determining the child’s place of residence and place of registration.
The exception is when the court decision states that the child must live with the mother. Then she has the right to register the child without the father’s permission, but it must be at the mother’s place of residence.
Civil Code of the Russian Federation - Art. 20 prescribes the obligation of children to live at the place of residence of their parents.
- Children over 16 years of age can choose their place of residence with the permission of their parents and legal representatives.
- A child over 14 years old applies for registration at the mother’s place of residence independently.
Questions regarding the registration of a child if the parents are in a civil marriage or divorced
- mother's new marriage;
- does the homeowner agree?
- whether the father is the owner of the apartment;
- how many square meters per resident;
- Is there arrears in paying utility bills?
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In order for the offspring to inherit the surname of his biological father, he must undergo a paternity establishment procedure , which in practice is expressed in the father’s application to the registry office with a statement that he recognizes the child as his own and asks to register under his surname (Article 51 of the RF IC).
Options
Registration at the mother's place of residence is carried out with the consent of the father, if he is included in the birth certificate, and if there is no court decision on the child's place of residence.
In other situations, the mother has the right to register the child at her place of residence without the father’s permission.
A similar procedure exists if the father registers the child at his place of residence. Permission can be granted in notarial or simple written form.
Without father's consent
In many situations, the registration of a child at the mother’s place of residence is carried out without the presence of the father.
To do this, there must be legally significant confirmation:
- court decisions;
- information about the unknown absence of the second parent;
- information that the father does not communicate with the child and it is impossible to obtain permission for registration.
At the place of residence
Registration of a minor must be carried out at the place of residence of the mother or father.
This could be an apartment, a private house, a room in a dorm or a communal apartment.
For registration of minors - in case of shared ownership of real estate, the consent of the other owners is not required.
The premises where the child is registered must be intended for residential use.
It is prohibited to register minors and other residents in industrial, warehouse, basement and other premises.
Without the owner's consent
A mother has the right to register her child in any living space where she legally resides herself, including in another city where she has real estate. The consent of the remaining owners and other registered residents is not required.
Registration is carried out on a notification basis.
If title documents for real estate cannot be obtained from the owner, then specialists from the registration authority will fill out a separate request and receive an extract from the Unified State Register of Real Estate from Rosreestr.
Based on the information from the extract, specialists process the documents and register the child at the mother’s place of residence.
If the owner is against registration, then he has the right to go to court and demand that the registration of the mother in his living space be declared illegal ( for example , on the basis that the mother registered the child, but she herself never actually lived in the owner’s living space, did not pay for utilities, etc.). d.). A lawyer can represent the interests of the owner - by power of attorney.
Do you want to know where to get information about where your child is registered? See the article about this: certificate of registration of a child. It is written here whether it is possible to receive a fine for late registration.
If parents are divorced
Divorce of spouses with children is carried out only in court.
The father and mother must either agree on the place of residence of the child themselves, or the place of residence of the child is determined by the court.
If the court decision states that the minor must live with his mother, then registration at her place of residence after the divorce will be carried out without the consent of the father.
Single mothers
Registration of a child of a single mother is carried out at her place of residence. Consent from the father, even if he actually exists, is not required.
Single mother status is given when there is no record of the father on the birth certificate or when the child’s father has died and been declared dead in court.
Depriving a father of parental rights does not give the status of a single mother, since even in this case he must pay alimony and help financially in other possible ways.
If the father is a foreigner
When the father lives abroad, registration is carried out without his permission. This is possible if the mother has a permanent place of residence and is raising the child.
When a foreign father is on the territory of the Russian Federation, registration is also carried out without his permission, in the case where he does not have a permanent place of residence, does not communicate with the child, is deprived of parental rights or is limited in the right to communicate with the child.
Where are children registered after the termination of a marriage?
As a rule, by the time of separation, the parents came to a compromise and decided where the child would be registered.
If such an agreement is not reached, the place of registration will be determined by the court. If the owner of the apartment is the father, and the child remains to live with the mother, then the judge may impose an obligation on him, according to which he must provide the child and wife with new housing, and the conditions must be no worse than before. In any case, the discharge of children to an unspecified place will be refused. A child up to the age of fourteen cannot register in a relative’s apartment unless one of his parents is registered there.
The legislator protects the rights of minors, and therefore, obtaining registration for children is considered a priority over the wishes of the apartment owner. In particular, children are registered in housing where their parents are registered, without the consent of the owner.
When the parents reach an agreement regarding the registration of the baby, it is drawn up in writing. Despite the fact that the obligation for such registration is not legally established, in practice this paper is most often required. This document does not need to be certified in a special way, however, if it contains information about the procedure for paying alimony payments, then after it is certified by a notary, it acquires the force of a writ of execution.
After the breakdown of the marital relationship, the child has the full right to registration at his previous place of residence, if there are no other options. It will not be possible to discharge the offspring - the law does not approve of this.
And if the child is registered with the father, what are the rights of the mother? The owner of the living space has the right to discharge the ex-wife immediately after the court ruling enters into legal force, but he will not be able to deprive the child of registration.
Another thing is if the mother with whom the offspring remains has the opportunity to obtain registration in another place, then the child will automatically be registered with her.
It even happens that a minor child remains registered in his father’s apartment, but in fact his and his mother’s place of residence is located at a different address. This is not entirely correct; it is desirable that the actual address coincides with the place of registration.
Where to contact
You need to contact the territorial department of the Federal Migration Service at the mother’s place of residence.
- The application is completed at the passport office.
- It is possible to submit an application to the “My Documents” MFC.
- It is possible to register through the government services portal.
How to register a child at the mother’s place of registration through State Services
Then registration is carried out remotely.
Need to:
- register on the government services portal;
- select the section – services for individuals;
- select a territorial division of the FMS;
- choose
- read the application, fill out all fields;
- attach scanned documents to the application;
- submit an application and wait for a response to email and messages in your personal account.
The period of registration through government services cannot be more than 8 days. Formally, the deadline may be delayed due to a lack of specific documents.
Through MFC
Registration is carried out through the MFC within the same period. It cannot be more than 5-7 days .
But the MFC is not a registration authority, but is a link between the Federal Migration Service and the citizen. The application for registration is completed with the help of the center's consultants.
Registering a child after divorce
If a situation arises when a parent wants to register a child in their living space, but other persons who are lucky enough to share square meters with him, for obvious reasons, speak out against and actively “put a spoke in the wheels,” then their actions have no legal force. It turns out that you can register a child without the consent of the other residents.
It happens that a child who has not reached the age of majority is registered in the father’s living space, but the parent wants to send him to his mother. They are trying to relocate the child without asking the mother’s consent. Such a “castling” is unlikely to be legal, since it can only be formalized through the court, and the child’s place of residence is determined by agreement of both parents.
Procedure
You need to apply to the passport office. According to the regulations, the waiting period for an appointment with a specialist cannot be more than 15 minutes. There is no payment for registration, but in fact, payment may be charged for assistance in completing the forms.
Required documents
To find out how to register a newborn child at the mother’s place of registration in 2016-2017, you need to familiarize yourself with the list of documents.
The list includes:
- application for form No. 6;
the sample here.
- title documents for real estate;
- owner’s consent – if the mother is registered with the child at the same time;
An example is presented here.
- mother's passport;
- birth certificate of a minor;
- written consent of the father (not in all cases).
Registration is possible without a house register - if it cannot be obtained from the owner of a private house or it is not provided ( for example , in an apartment). The maximum period for registration - when submitting an application and documents in paper form - is three calendar days.
Want to know how to register your child correctly? Read about this in the article: registration of a child. About how to enroll a child in school without registration is written here.
For details about how long you can live without registration in your passport, see here.
Sample application
A sample application can be found in the appendix to administrative regulation No. 288 .
The form must indicate:
- information about the child’s parents;
- information about the child (full name, date of birth);
- information about your previous place of residence (if any).
The application must contain the date and signature of the official who accepted the documents.
Can a mother live where her children are registered?
In order for a mother to live at the child’s place of registration, she needs to have rights to use this housing. The acquisition of this right varies depending on the value of the property:
- When housing is provided under a social contract. hiring, it will be necessary to obtain the consent of all persons living there. This rule is regulated by housing legislation.
- If the housing has privatized status, then you must obtain permission from the property owner. When there are several of them, everyone's consent is required.
Answering the question whether a woman has the right to live in her husband’s apartment if the child is registered there, it must be said that she must obtain the consent of all home owners, otherwise such residence is impossible.
After the dissolution of the marriage relationship between the parents, a minor child has the right to be registered in the apartment where he previously lived. In this case, the dad has a question: can I discharge my child? The law responds negatively to this, since it is on the side of the children. However, the father has the right to discharge his ex-wife as soon as the judge's decision becomes final.
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When the mother has real estate where she can be registered, the children will be registered at her place of residence. There are also situations when children live with their mother, while having a residence permit in their father’s apartment. Such situations are undesirable; it is best if the place of residence coincides with the place of registration.
The registration procedure is not complicated. To do this, you need to collect the necessary documentation and photocopy it. In addition, you need to obtain the consent of the second parent to register the minor with the person with whom he will live after the dissolution of the marital relationship. After this, you should come to the housing department or multifunctional center and submit the papers. They will inform you when you need to re-visit the organization and obtain a document confirming registration.
It is worth noting that slightly different rules apply to a child who has reached the age of fourteen. So, the child, together with his parents, must come to an appointment with a specialist from the registration authority.
It happens that a mother wonders: what will happen if my child and I register at the place of my temporary registration? It is worth saying that such an action is quite possible to organize. It should be noted that the consent of the owner of the home is not required, but this applies to the situation when the mother already has a residence permit there.
Documents needed for registration:
- the parent with whom the minor child will live must write an application containing a request for registration where he lives;
- documentation that confirms the fact of divorce;
- an act confirming the fact of the birth of the baby;
- documents used to verify the identity of the parents;
- you will also need to provide permission from the second spouse to register in the place of residence of the first;
- a certificate confirming that the children are not registered with the second spouse;
- In some cases, a court order regarding divorce proceedings will be required.
Having a registration for children is necessary in terms of obtaining a place in preschool and educational institutions, and services provided by medical organizations.
Procedure at the passport office or through the MFC
Registration is carried out according to the following scheme:
- the package of documents is handed over to the registration service employees;
- the application is given up to a week to be considered;
- a stamp is placed in the house register;
- The parents are given a Certificate of Registration (previously a stamp was placed on the certificate).
- There is no duty for Russian citizens; foreigners must pay 350 rubles.
This is interesting: School choice. Is it possible to get to school without registration?
Can a child be registered separately from the mother?
then he has the right to live separately from his parents, but only if his parents give their consent to this (mutual consent). Otherwise, the child is deprived of the opportunity to live separately from his parents, and will be able to exercise his right to separate residence only upon reaching 18 years of age.
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Solving legal problems is a very interesting activity for me and my goal is to improve in this area. Arbitration disputes are of particular interest, since my first economic education and work experience gives me knowledge of the economic fundamentals of enterprises, knowledge of the principles of accounting, as well as the preparation and analysis of financial statements.
