How to register a child at the place of residence of the father. Family law

Today we will try to find out how it is possible to register a child at the place of residence of the father. This practice is not very common, but it takes place in Russia. According to modern rules, all citizens of the country must be registered. This is the registration. Its absence entails a number of consequences. However, with regard to under-age children, their own rules apply. They are to be found further.

Determination of place of residence

The law on the registration of June 25, 1993 has been in effect in Russia for a long time. It is simply changed to some extent. In 2015, during such manipulations appeared the term "registration records." He began to replace the residence permit.

According to this law, all citizens, as already said, must be registered at the place of residence or residence. In the first case it is a question of a permanent residence permit, in the second - about time registration. This rule applies to both adults and children. That is, the law on residence permits indicates that even under-age children should be registered somewhere.

The Family Code, in Article 54, refers to the right to upbringing and living a child in the family. That is, a minor should at least live with his parents, if they have not written a refusal from the baby. But the Civil Code prescribes the procedure for the registration of a minor. So, according to article 20 (paragraph 2), the child must have a registration at the place of residence of one of the legal representatives. It is these rules that are in force in the country.

What does it mean? The fact that if you are thinking about how to register a child in an apartment, you need to decide where to register - at the place of residence of the mother or father. It is not so important. After all, the process itself does not differ in either case, or in the second case. Usually, parents decide between themselves where to register a child.

Rights of the Minor

Of course, the registered person has his own rights. In the case of children, they also take place. The rights of the child registered with the father are not much different from the possibilities given when the minor is registered with the mother.

First, a registered person can use the dwelling for the intended purpose. He has the right to live in an apartment, as well as to use what is in it, to ensure life. That is, do not just spend the night, but live fully in the territory of the place of registration.

Secondly, the child has the right to live with his mother. In other words, the mother can live with her minor child in the territory of the baby's father. Nobody can take this right.

Pay attention to the fact that children registered in the apartment (father or mother - it does not matter), do not have any rights to dispose of property. Only if they are the owners of housing.

Some worry that the registration gives the right to a share of square meters. This is not true. The registration of a minor only allows the child to reside at the place of registration of the father. And nothing more. The baby does not pretend to do anything. However, in the case of the sale of real estate with a statement, certain problems may arise.

Where to go

Where is the child prescribed? This question is asked by many citizens. After all, after collecting a certain list of documents you need to go somewhere. Now there are several options for answering this question. Citizens have a choice of place of address for registering a minor in an apartment.

First, you can apply to the passport office at the place of residence of the parent with whom the child will live. The most common scenario.

Secondly, now it is possible to contact the ZhEK (managing company) to implement the idea. Ask what organization serves the home, and then report there. Management companies, as a rule, have passport offices. It is here that you need to produce the relevant documents.

Thirdly, as an alternative, contact the MFC in your city. Usually these organizations help to realize the idea. However, in this case, the registration of a person will be delayed - instead of the standard waiting week, you will have to wait from 14 days to 1 month.

Timing

So, you have defined the place of propiska of the child. But in what time is it necessary to carry out this action? This question not only worries many people, it also constantly causes controversy. Why?

The thing is that every person must be registered or temporarily registered in one or another accommodation. In the case of adults, one week from the day of discharge from the previous place of residence is taken for registration (permanent). And in general without registration (for example, tourists) citizens have the right to stay 90 days. Further, either a temporary registration is made or a permanent registration.

And what about the children? There is such a thing as a primary residence permit. The timing of its implementation is nowhere fixed. Therefore, the parents will not have any responsibility if they decide to prescribe their baby in only six months or a year. In this they are given complete freedom of choice. Is it possible to prescribe a minor child in two months or more from the moment of birth? Easily. But the sooner you get rid of this issue, the better.

Thus, the primary registration of a minor is recommended for implementation no later than one month after birth. After all, without a propiska from a child, you will not be able to fully use medical services, as well as receive payments from the state in support of families with children. It does not matter who exactly will be registered as a minor, the very fact of having a certificate of registration registration is important.

Owner's consent

Register a child at the place of residence of the father or mother can be without any problems. No additional questions arise if the parents are the owners of the dwelling. And what if they are also simply registered in this or that dwelling without rights to share in it?

In this case, as practice shows, the consent of the owner is not necessary. The child in any scenario should be registered at the place of residence of one of the parents. Remember, for the registration of an adult person, the approval of the apartment owners is necessary, for the registration of the child - no. You have no right to refuse to carry out the process.

Only in one case registration is not carried out - if the court made a decision to live with one parent. Most often this is the mother. Can the father register a child with him under similar circumstances? No. Even if he is the owner of housing. If the judicial authorities did not decide on the residence of the child with a particular parent, the registration process is carried out without any obstacles.

Consent of the second parent

To register a child with your father is not as difficult as it seems. In any case, if it is a minor, who will be brought up in a full family. Parents should decide on their own where to register the baby - at mom or dad. Regardless of the answer, you will have to obtain permission from the spouse for the implementation of the process.

That is, if you wanted to register a child at the place of residence of your father, your mother must write permission for this action. And it must be presented in a certified form. The same applies to cases of registration on the territory of the mother - the pope writes his consent to the process, then assures the paper. It is provided to the passport offices or the MFC.

The absence of this document makes registration impossible. Therefore, you have to agree in advance with your spouse. There are only a few exceptions, which do not require notarization of the paper or its complete absence.

In the first case, the mother must come with the child's father to the passport office, then personally, under the supervision of the passport officer, write their consent and put on it a personal signature. Under such circumstances, notarization is not necessary.

In the second situation, everything is much more complicated. The consent for the registration of a minor from the second parent does not apply if the court has already made a decision on the residence of the child with the mother or father. In practice, it is with the mothers that minors are left. But there are exceptions. Under similar circumstances, the father simply collects the documents for registration and provides them to the MFC or passport offices. Consent of the mother, when determining the court residence of children with the father, is not required.

Certificate from the hospital / birth certificate

Now you should pay attention to the documents for the registration of the newborn. Consent of the second parent, when it comes to officially registered marriage - this is the first important paper. But what else do you need to take with you?

A certificate from the maternity hospital for the birth of a child or a relevant certificate. Please note, the first document is only valid for a month. Therefore, if you want to register a child as soon as possible, you need to hurry. Do not be surprised if you are refused. As practice shows, in passport offices, the birth certificate of a child is usually required. Without it, registration for primary registration is impossible.

Identity cards

The following documents for the registration of a newborn are the identity cards of both parents. Of course, with copies. It's about civil passports. Other identification cards at the passport offices are not accepted.

Be sure to bring copies and originals. Without the last you will be refused acceptance of the package of documents. But if they demand the presence of both parents when filing papers to put the child on the register, you have the right to complain - it's illegal. Even when registering a minor in the mother's territory, you can do without it. Father is enough.

Marriage certificate

The next important point is the provision of a copy and original of the marriage certificate. Usually, in the presence of officially registered relations between parents, there are no problems with the process. It's much more difficult to do if you decide to live without a stamp in your passport or divorce.

How to act when the parents of the child get divorced? In this case, the most logical and simple decision is the court's determination of the place of residence of the minor. With whom he will be left, there and prescribe. In this case, the consent of the former spouse or former wife will not be required. It is enough to present to the passport officer a copy and original decree of the judiciary.

Help from mother

There is one more nuance that you must take into account. How to register a child in an apartment where the father lives? If you made such a decision, you will not only have to consent to receiving the mother for this operation. In addition, the mother of the child must produce a certificate of the established pattern that the minor is not registered with her. Such a document is usually issued in the passport office at the place of residence of the mother, a month is in effect.

In other words, you need to get an extract from the house book, which will indicate all the owners and registered citizens at the specified address. Only the original is suitable, no copies! Usually it is enough to say that you need a certificate of absence of a residence permit for your child at your place of residence in order to register it with your father. And the passport officer / accountant in the management company will quickly issue you a document of a standard pattern. There is nothing complicated or special about this.

As the correction shows, if you decide to prescribe a newborn baby from the pope, sometimes even a certificate of absence of registration on the mother's territory is not required. But it is advisable to take it in advance - reinsurance will not hurt anyone.

Unofficial marriage

The propiska institute indicates that children must be registered at the place of residence of one of the parents. It has already been said that in the case of formalized relations, everything is extremely simple and understandable. But what if we are talking about cohabitation?

When parents decide to place a minor on the registration account at the place of residence of the father, one must either recognize through the registry office paternity, or the information will be written down according to the mother's words. Usually the first option takes place. Confirmation of the recognition of paternity will be required to be attached to the main package of documents that belongs to the MFC or passport desks, either as separate organizations or under management companies.

We take away the documents

Now it is clear how you can prescribe a child. The consent of the father to this action, as well as the mother, as we found out - is a mandatory item, which only in some situations does not take place. Once all the above documents with copies (if necessary) will be collected, go to the appropriate authorities to register a residence permit. You will be taken out of the birth certificate of the baby (certificate from the hospital). Then you will be sure to return it. It remains only to wait some time.

In general, the registration of a minor takes about a week (including days off), but the period may vary. About when to take the documents, you will have to inform when they submit. To obtain a certificate of primary registration, you will need to show your passport. One of the parents can take the document, the presence of both is optional.

As soon as you report to the passport office or the MFC, you will be required to return the extract from the maternity home or the child's birth certificate together with the certificate of the prescribed form (depending on what you showed). That's all, now the minor has a registration!

Without parents

Register a child at the place of residence of his father, as it turned out, not so difficult. But sometimes parents want to register a minor elsewhere. For example, my grandmother and grandfather. Is there such an opportunity?

Yes, but not immediately. The thing is that modern legislation indicates that minor children must necessarily be registered at the place of residence of the parents or with one of them. Therefore, up to a certain age, children can not be prescribed where they want.

But as soon as the child turns 14 years old (after receiving a passport), you can register in any other housing. For example, a grandmother or grandfather. In this case, it is necessary to obtain parental consent to the process, as well as approval from those to whom the minor is prescribed. Plus, from the age of 14 to register for registration, you have to take the consent of the owner of the housing for the process. By the way, often permission from legal representatives of the child is not required. But from the owners of the dwelling - without fail.

Conclusion

Now we know all the features of a minor's propiska in this or that case. In fact, everything is not as difficult as it seems. The most serious situation is the divorce of parents. In such circumstances, you should apply to the court to determine the place of residence of children.

If the marriage is officially registered with you, simply collect the above package of documents, and then present it to the passport desk or the MFC. The main thing is to decide with whom the child will be registered. Please note, in case of divorce, the mother has the right to stay with a minor. Even if it comes to the territory of the father.