Determining the child’s place of residence - what factors are important?

Share on social media networks:

Registering in an apartment at a new place of residence is not so difficult. To do this, just come to the passport office, leave an application and documents on the basis of which you want to obtain a residence permit, and then pick up your passport with a registration stamp on the appointed day.

But it is more difficult to register a child who does not have a passport or even a newborn into an apartment. You will learn about registration of children's registration and what documents are needed to register a child in this article.

Deadlines for registering a minor

The Migration Department of the Russian Federation has formulated a new regulation on the registration of newborn children in apartments.

Previously, from the day of birth of the baby, one month was allotted for registering the child and issuing a birth certificate. Now, one month is allotted for filing an application to obtain a certificate, and seven days from the date of receipt of the certificate are allotted for registration at the place of residence.

Info

If your child has already been registered, then seven days are allotted for registration in a new apartment to submit documents for registration at the new place of residence.

Parents should be interested in the speedy registration of your child, since a fine will be imposed on the parents for late registration.

How to arrange care for an elderly person after 80 years of age

They can be an unemployed able-bodied person over 14 years old,

residing on the territory of the Russian Federation,
not receiving a pension,
not receiving unemployment benefits,
not receiving any income, including from business activities, as evidenced by the absence of insurance contributions to the Pension Fund,
not undergoing military service in the army.

Yes. According to 400-FZ, the period of caring for one or more disabled people is counted in the insurance period

on a par with periods of work (see Article 12 paragraph 6).
For 1 full calendar year, the pension coefficient is 1.8 points
(see article 15, paragraph 12). For looking after two bedridden patients at the same time, the same amount is assigned as for looking after one.

We recommend reading: Documents for registration of birth certificates

Responsibility for living without registration

Due to the age of a minor, an administrative fine cannot be imposed on him for living without registration, so the fine is imposed on the owner of the apartment.

The fine is regulated by Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation.

Attention

A person residing without registration is subject to a fine of two thousand to three thousand rubles; for homeowners (individuals) - from two thousand to five thousand rubles; for legal entities - from two hundred and fifty thousand to seven hundred and fifty thousand rubles.

Procedure

In order to register a child, regardless of whether he has reached the age of fourteen years or not, you must choose one of three options for submitting documents:

By direct visit to the migration authorities (territorial division of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation);
Through contacting multifunctional centers;
By submitting an initial application through the State Services website.

If you choose the option of directly submitting documents to the migration authorities, then either the child’s parents (if he is under fourteen years old) or the child himself, but in the presence of his parents (if the child’s age is between fourteen and eighteen years old) must submit documents. The same procedure applies to submitting documents through multifunctional centers.

If we are talking about submitting documents through State Services, then only parents can submit an initial application (minors cannot be registered on this resource).

In order for the registration of a child at the place of residence to be successful, two steps must be taken:

Submit an application and all accompanying documents to the migration authorities in one of the following ways;
After the specified period, receive a registration certificate (for a child under fourteen years of age), or put the appropriate registration mark in the passport (if the child has already turned fourteen years old).

It is necessary to submit documents for registration within no more than two weeks from the moment the child arrives at the place of residence. If we are talking about a newborn, then this period will be seven days from the date of receipt of the birth certificate (from the moment the child is born - no more than two weeks, with the exception of special cases, for example, the birth of a baby with serious pathologies, due to which the parents cannot register all necessary documents on time, but must notify the registry office of such a situation).

Documents for registration of a child under 14 years of age

Documents for registration
To register a child under 14 years of age at the place of residence, the following documents are required:

Birth certificate + copy;
Parents' passports + copies;
Parents' marriage certificate;
Application for registration from one of the parents;
Certificate of registration of the second parent (if he is registered elsewhere);
Extract from the house register.

This list of documents must be certified by the head of the housing and communal organization and submitted to the passport office for registration.

What documents are needed to register a newborn?

Where and how to make temporary registration?

What documents are needed for registration?

Determining the child’s place of residence – options for reaching an agreement

Personal negotiations:

Great, if the parties are able to solve the problem themselves, then they have full control over the process and the clauses of the agreement that will be drawn up.
Since the parties themselves reach the agreement, it is especially important for each party to have their own independent attorney review the agreement before signing it.
This is the fastest way to resolve the issue of determining a child’s place of residence after a divorce.
But there are situations when personal negotiations between parents are impossible.
For example, cases of domestic violence, as well as situations of serious mental health problems or substance abuse.

Negotiations through a lawyer:

Parties who cannot reach an agreement regarding the determination of the child's place of residence may enter into an agreement through their lawyers.
Negotiations allow parties who cannot communicate directly with each other to reach a settlement of disputed issues through communication between the parties' attorneys.
In negotiations, each party must discuss all the terms of the agreement with a lawyer.
Two lawyers communicate with each other and build the position of their clients on issues that need to be resolved.
Through discussion, attorneys can help divorce spouses reach a compromise.
This process continues until an agreement is reached.

Documents for new registration of a child after 14 years of age

The list of documents for registration of children over 14 years of age is slightly different from that presented above. In addition, the minor will have to register in person.

You need to have with you:

Passport of a citizen of the Russian Federation;
Deregistration sheet (if deregistered);
Birth certificate;
Application from the owner of the residential premises for registration;
Application for permanent registration at the place of residence;
Application for discharge from previous place of residence (if not discharged);
Extract from the house register.

How to apply for care benefits for a pensioner over 80 years of age

Passport of the pensioner and the person who will care for him.
The work record of the pensioner and the person who will apply for care benefits.
Two insurance certificates (SNILS) - for the pensioner and the applicant.
A certificate from the employment center for the person caring for the pensioner (if he does not work or study).
Application from a pensioner. You can take it from the Pension Fund. The applicant himself, that is, the person who will care for the elderly person, can fill out the application. But the pensioner must independently sign the application.
Certificate from the place of study - for full-time students. This certificate must contain the following information: Full name of the person who decided to care for the pensioner, date of admission, date of completion of training, order number for enrollment in the course.
For minors (schoolchildren who have not reached the age of majority), you must provide a statement from the parents that they allow their son (daughter) to work in this direction.

Presidential Decree No. 1455 of December 26, 2006 “On compensation payments.”
Government Decree No. 343 of 06/04/2007 “On making monthly compensation payments to non-working able-bodied caregivers, including people who have reached the age of 80 years or more.”

We recommend reading: Is Ectopic Pregnancy a Case for Insurance Officers?

Where to apply for registration

To register a child at the place of residence, you can contact:

Housing and communal organization servicing the house where the child will be registered;
Multifunctional Center;
Department dealing with migration issues of the Ministry of Internal Affairs of the Russian Federation.

Helpful advice!

If there is a multifunctional center in your city, we recommend contacting it. When applying to a multifunctional center, a minimum number of documents is required, there are practically no queues there, and citizens are admitted using electronic coupons.

How to obtain temporary registration for a child?

Registration for a minor under 14 years of age can only be done at the place of registration of one of the parents. This means that the legal representative must temporarily register with the child. From the age of 14, a teenager can be registered alone (Civil Code of the Russian Federation, Article 20, paragraph 2).

Where to contact?

The citizen, together with the owner, applies to one of the registration authorities in:

Directorate for Migration Issues under the Ministry of Internal Affairs;
MFC;
passport office at the management company, homeowners association.

Another way is to submit an application through the State Services portal. To do this, the parent must have a verified account on this site.

Step-by-step instructions for registering a child under 14 years of age through State Services (in the example, one of the parents has a temporary registration):

Visit the official website of State Services - https://www.gosuslugi.ru
Log in to your personal account.
After entering the top menu, click the button “class=”aligncenter” width=”1345″ height=”897″[/img]
In the catalog, find the section “Passports, registrations, visas” and click on the phrase “Registration of citizens”.
Next, select “Registration at your place of residence.”
On the left, click the “Get class=”aligncenter” width=”886″ height=”591″[/img] icon
Next, fill out the fields following the system prompts.

After receiving notification of the reviewed application, you need to visit the registration authority and provide a package of documents in the original, and you can immediately pick up the child’s registration certificate at the place of stay.

If the parent has temporary registration, then the consent of the property owner to register the child at the same address is not required. If the parent is not registered at the address, he must first register himself. But here the consent of the owner of the living space must be obtained, in addition, he must appear for the submission of documents in person, together with you.

Required documents

To register at your place of residence, you need to prepare the following documents:

application on special form No. 1;
parent's passport;
child's birth certificate;
if the parents have different places of registration or are not married, the consent of the second parent will be required for the child’s registration;
act of the guardianship authority, if a guardian has been appointed.

When sending an application through the State Services portal, you will need to attach copies of documents.

Terms and cost of registration

The service is provided free of charge. Time allotted for registration:

3 working days from the date of receipt of documents are given to the registration authority for registration of registration;
8 working days are required to consider the application if the owner of the living space does not present documents confirming his ownership of the housing (when registering a child together with a parent).

Interesting article: Cases when temporary registration is required

The deadlines may be extended at the request of the applicant or the accounting authority if there are compelling reasons. For example, the applicant cannot appear on time due to circumstances beyond his control, or it is necessary to provide missing documents, make clarifications, etc.

For what period of time should I register?

Clause 10 of the Decree of the Government of the Russian Federation dated July 17, 1995 No. 713 states that the period of temporary registration is approved by mutual agreement between the owner of the property and his tenant. It is recommended to obtain a temporary registration for a school for at least 1 academic year.

If a citizen is registered in connection with a rental agreement, then his temporary registration will coincide with the period of rental housing. In your own home you can make a temporary registration for any period.

The period of validity of the temporary registration of a child and his parent is the same. After this period, they are required to leave the premises. Living at this address will no longer be legal.

Procedure for registration

Registration procedure
If you are registering a child for the first time, then first you need to obtain a birth certificate for the child. You can obtain a certificate at the registry office by submitting an application and the necessary documents within 30 days from the date of birth of the child.

Next, you need to collect all the other documents for registering your baby in your apartment. You can find the list of required documents above.

If you register your child again, you will need to sign him out from his previous place of residence; if he is over 14 years old, he can receive this stamp immediately before stamping the new registration. For children under 14 years of age, the application is written by parents/guardians; after 14 years of age, children write it themselves.

After submitting the documents, the passport office staff reviews the registration application. If you register in advance, you can be registered on the same day, otherwise registration can take up to two weeks.

On the appointed day, you will need to pick up documents with a registration stamp. After registering at the place of residence, the registered person receives the right to use and live in the apartment.

Who must be present when submitting documents?

To register a minor, both parents must be present. If the parent cannot be present, then a notarized consent for registration is required.

In all cases, the presence of the child, the owners of the property or the persons living there is not required.

Restrictions on registration

Remember that when re-registering, it is not necessary to check out from your previous place of registration in advance. You can be discharged on the same day by putting two stamps “Deregistered” and “Registered”.

Children can only register with a parent or guardian. Registration of a child with another close relative who is not the child’s legal representative is impossible. Registration is carried out at the request of a legal representative. The provisions regarding registration at the place of residence are set out in Article 20 of the Civil Code of the Russian Federation.

It is important

It is important to know that a child’s registration is necessary to receive child benefits.

A pleasant bonus is the fact that registration of a newborn is free of charge; no fee is charged for this service.

Let's go to court

The main priority in such a legal dispute is the interests of the child. The judge will choose who the child will stay with after the divorce and determine the child’s place of residence where there will be the best conditions for him. And the determining factor in this case may not only be the material capabilities of mom or dad.

The intangible side of the issue may be a decisive factor for the court and this must be taken into account when preparing a statement of claim and further defending one’s position in court.

“Internet gurus about legal sciences” can quote you the contents of the Family Code of the Russian Federation during your consultation. However, reality - judicial practice on resolving the issue of whether a child will live with mom or dad in the event of parental separation, often does not coincide with the canons of family law of the Russian Federation.

In order to obtain a positive court decision when determining a child’s place of residence, it is necessary:

competently argue all the arguments set out in the claim with references not only to legislation, but also to existing judicial practice in the region;
during the trial, prove circumstances that could influence the court's decision, taking into account the views and preferences of the child.

And even in this ideal case, not a single practicing lawyer in family disputes can guarantee you the desired result of a legal dispute. The judge evaluates all the evidence in its entirety, based on the internal opinion formed after the trials and debates of the parties.

If a lawyer promises you a 100% result in court, walk away and contact a truly practicing lawyer in this area of family disputes.