How to register a child with his father
In accordance with Article 20 of the Civil Code, the place of residence of a minor child is the place of residence of his parents or legal representatives.
Accordingly, within 7 days after a change of place of residence, the child is obliged to register at the new place of residence, or rather, his legal representatives or parents do this for him.
Parents contact the Ministry of Internal Affairs department with the following documents:
- child's birth certificate;
- parents' passports;
- registration application.
Registration authorities review the application and within 3 working days issue a certificate of registration at the place of residence, which is attached to the birth certificate. The certificate itself can only be stamped with a citizenship stamp and nothing more; no registration marks are placed on it!
Now let's consider a situation where the parents are divorced, and the child must be registered with the father.
To obtain registration, the father of a minor child must submit the following package of documents to the Ministry of Internal Affairs at the place of future registration:
- registration application;
- passports of both parents;
- child's birth certificate;
Registration (registration) of a minor is free of charge; There is no need to pay any state fees.
But if a minor child is not registered anywhere, then a fine of 2,000 to 2,500 rubles may be imposed on the parents. – for individuals; in Moscow and St. Petersburg - from 3,000 to 5,000 rubles.
Can a mother register a share for a minor child?
Accordingly, the mother has the right to register at the place of registration and property (if I understood the question correctly) of her child. If consent to registration is not obtained from other co-owners, it is possible to go to court with a demand for occupancy and registration.
Tell me, can a mother register with a minor child if the child has a 1/4 share in a privatized apartment without the consent of the other owners, if she no longer lives with her ex-husband but lives at a different address in the same place as the child.
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How to register a child without the consent of the owner
Despite the fact that registration requires the consent of the tenant or owner of the premises, this rule does not apply to a child.
When registering a child, the consent of the homeowners or other persons living with him is not required. If the registration authorities require such consent and, on this basis, refuse to register the child, take a written refusal from them and go to court.
But here we should make a small reservation that it is impossible to register a child with his father if, in accordance with a court decision, he must be and live with his mother (or vice versa). It will also be denied to register a child with a parent who has been deprived of parental rights.
In accordance with the law, a minor child can only be registered with the mother or father (or a legal representative). Options for registration with grandparents and other relatives are considered only if they are the legal guardians of minors.
But in practice, it is possible to register the child separately from the parents. This is only possible for persons over 14 years of age. And in this case, the consent of the owner of the premises and the persons living with him is required to submit documents!
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Foreigner's permit
How to register a child without the consent of the foreigner’s father - this point should be highlighted separately. The rules for registering a minor are determined in exactly the same way as in the case of the father, who is a citizen of the Russian Federation, so the mother can submit exactly the same list of documents for registration as indicated above. Of course, provided that the minor lives with her.
According to the Family Code of the Russian Federation, if parents live separately, the place of residence of their children is determined by established consent.
But in cases where it is impossible to resolve any issues or draw up documents without the permission of a parent who is not a Russian citizen, he must submit a written consent certified by a notary. Such consent must be in Russian, regardless of citizenship, certified in the foreigner’s country of residence.
If both parents live together, but have different citizenship and place of registration, when submitting documents, the migration service will in any case need a certificate stating that the minor is not registered with the father. Unfortunately, you can only get it at your place of registration.
. The way out of this situation will be a residence permit for a foreigner with registration at the same place of registration as the child’s mother.
Every child born has the right to receive a registration. A child who is not registered will not be put on a waiting list for a preschool institution, he will not be given a compulsory health insurance policy, or SNILS
. In the future, problems that will be associated with entering school cannot be ruled out. Moreover, the parents of such a child risk being fined.
The registration process for a minor differs significantly from the procedure for an adult. The legislation clearly regulates this issue, however, some citizens and officials give their own incorrect interpretations of the laws, thereby violating them.
One of the most common requirements that is put forward to a mother who wants to register her child at her place of residence is the requirement to provide the consent of the child’s father for his registration. What does the procedure for registering a minor look like and what do you need to know to protect the legitimate interests of the child and his parents.
How to register a newborn with his father
The first thing you need to start the registration procedure is to obtain a birth certificate. It is issued by the civil registry office upon presentation of the parents’ passports, marriage certificate and child’s birth certificate.
It is worth noting that a birth certificate from the maternity hospital is only valid for 1 month, so you should not delay going to the registry office.
Childbirth can take place in different situations, so if, for example, a child was born to a private practitioner, then it is he who issues the appropriate certificate. If the birth took place unplanned, in a place where there was no doctor or hospital, then in this case the document confirming the fact of the birth of the child will be a statement from the person who was nearby at the time of birth.
If the parents of a newborn are married, then any of them can submit an application to the registry office (a marriage registration certificate is attached). The presence of the other parent is optional.
If at the time of the birth of the child the parents are not married, then the father must write a statement recognizing paternity. If the father is absent, then his data is recorded from the words of the mother or a dash is placed in the “father” column.
If it is not possible to provide a document certifying the place and time of birth of the child, then this fact is established in court, and a copy of the court decision that has entered into legal force is provided to the registry office.
After receiving the certificate, the child’s registration with one of the parents proceeds on a general basis.
If the apartment owner does not agree
There are often cases when the child’s parents live in the apartment of their relatives. The apartment owners are categorically against registering the child, and the parents do not know what to do. How to behave in this case?
If the spouses do not own the apartment where they live as owners, but are registered in it, then the consent of the owners to register the child is not necessary (Article 70 of the Housing Code of the Russian Federation). Especially if the child is newborn. After all, according to the law, the child must live with his parents
. It is impossible to register a minor child separately from his parents.
Registration with other relatives can only be considered if they belong to the category of official guardians. Otherwise, this issue can only be resolved by the court.
. But if the parents are not the owners of the apartment and do not even have registration in it, then there is no way to do without the consent of the owners.
This is interesting:
You shouldn’t be afraid to register parents with minor children in your apartment, because none of them will have housing rights. In addition, such registration is considered
temporal
, and will only be valid for the period of time that the family will live in a particular premises.
Practical difficulties of registering a child
Despite the apparent simplicity of registering a minor, in practice questions may arise that will “slow down” the process of registering a child at the place of residence.
One of the most pressing questions remains the question: with whom will the child live after the parents’ divorce, or rather, where will he be registered. The simplest option would be an agreement between the parents on the future place of residence of the child: with the father or with the mother. If there is no such consent, then you can go to court. In this case, the court can hear and take into account the opinion of a child who has reached the age of 10 years. And only after an appropriate decision does one of the parents register the child in their apartment.
In some cases, one of the parents refuses to consent to the child’s registration with the other parent. Well, in this case, can the Ministry of Internal Affairs refuse to register a minor? No. Such a refusal is illegal, since the administrative regulations for the provision of the state service of registration of citizens at the place of residence do not provide for the consent of the second parent as mandatory documents. Therefore, if registration is refused, request a written refusal and go to court.
Divorce situation
If the parents are divorced, the situation is not much different from the usual. Article 20 of the Civil Code is still in force, according to which the place of residence of children under 14 years of age is the place where their parents or other legal representatives live. After turning 14 years old , a child can be registered separately from his parents.
When determining the new place of registration of children after the parents’ divorce, it must be taken into account that this plays a role when:
- the question is raised about choosing a preschool or school institution;
- we are talking about the appointment of state benefits;
- need to be assigned to a children's clinic, etc.
To register a child in an apartment that is privatized and where his parent is already registered, you need to know that:
- registration of a minor occurs without the consent of the owner and other persons who are registered in the housing;
- the parent must have ownership of the housing or have the right to use it;
- during registration, a specific share in the apartment can be determined;
- if the housing does not have enough square meters, this cannot be a reason for refusing registration.
Article 16 of the Housing Code determines that children can be registered in a room, apartment or part thereof, residential building or part thereof. It is prohibited to register children in garden houses, as well as in houses that have been declared unsafe.
The rights of a child who is registered in a privatized apartment do not differ from those granted to persons living in the same premises.
If we are talking about registration in a non-privatized premises, you need to know that such housing is usually owned by the state or municipal property. It belongs to private individuals only as a social lease
. This means that a person cannot exchange, sell, donate, etc. such living space.
To register a child in such a room you will need:
- written consent from all family members who live in such premises;
- permission for registration from the relevant municipal or state authorities.
The fact that the standard of living space per person will be reduced cannot be used as an argument for refusing to register a child. Registration is free of charge.
The registration procedure in a private house depends on many factors, in particular the form of ownership of the property.
You can learn how to make a permanent registration from this article.
Is it possible to open an individual entrepreneur without registration, you can find out here.
Quite often, situations arise when, in the event of a parental divorce, in a civil marriage, or in other life circumstances, a minor must be registered at the place of registration of his mother without the actual participation of the biological father in this. Usually, controversial issues are not resolved quickly, sometimes there are even threats and pressure from the other parent or its complete absence, and it is advisable not to delay the registration of even a newborn, so as not to have to pay a fine and experience the troubles associated with its untimely registration .
Therefore, the child’s mother needs to know the basic rules of how to register a child without the father’s consent, so that no one can mislead her in the future.
The legislation of the Russian Federation, the Civil and Family Code establishes that a minor under fourteen years of age must be assigned to the place of registration of his parents (guardians) and live with them.
It is important to take into account that the consent of the owners of the living space in which the parents (or one of the parents) are registered for the registration of their children (guardians) is not required by law, regardless of the square meters and the number of residents.
Also, according to Russian legislation, a minor can be registered at the place of registration of either parent, if their registration does not match. Any parent has the right to register
. In this article we will figure out whether it is possible to register a child with the mother if the father does not agree to this.
How to register a child in the same place as the mother?
Before registering a child, it is necessary to come to a peaceful agreement and resolve this issue in favor of the child. Think over all the conditions that are beneficial for him: the location of the kindergarten, school, clinic, apartment conditions for the development of the baby and other similar issues.
Having expressed a desire to register his son or daughter in his living space, the father must wait for the verdict of the child’s mother. If there are no objections on her part, the registration act is carried out at an accelerated pace.
She only needs to provide written consent for her son or daughter to register with their father.
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Otherwise, the necessary documentation must be prepared:
- Child's birth certificate (copy and original);
- Passports of father and mother (copies and originals);
- Mother's application for child registration;
- A certificate from the father about the lack of consent to register the child in his home;
- Statement from the father giving consent to the registration of his son or daughter with the mother;
- Extract from the house register and personal accounts at the mother's address.
First, the mother needs to go to the housing office and present the prepared documents to the official authorized to certify them. Afterwards all you have to do is take the papers to the passport office. Even if the mother is not the owner of a privatized apartment, the baby will certainly be registered at her place of residence.
A sample application for registration of a child at the mother’s place of registration can be downloaded here.
It is important to remember that the younger the child, the easier it is to register him with his mother. Until two months, the father's permission is not considered; the baby is immediately registered with the mother.
The teenager decides for himself who to live with and where to register.
Application for registration of a child.
What to do if the owner of the apartment does not want to register the child?
According to Article 20 of the Civil Code of the Russian Federation, a child has all the rights to register where his parents or one of them live . The registration procedure lasts for a month.
What do you need to know if the apartment owner refuses to register a child?
- The consent of the apartment owner for registration of the child is not required.
- A court decision will be required to register the child separately from the parents.
- The persons responsible for registration are parents or government representatives.
- When purchasing an apartment with the help of a mortgage, you need the consent of the owner of the property to register the child.
In all cases, the interests of the child are taken into account.
Application for registration of a child from the owner.
Registration of a child without father's permission
In the event of a legal divorce of parents, it is virtually impossible to register a child at the father’s place of residence without his consent.
However, there are ways to register a baby or a child under fourteen years old in the father’s apartment, without his consent.
- If parents live together and are also the owners of the apartment, the child can be registered by going to court;
- If a married couple lives in a municipal apartment, it is also possible to register the child there without the consent of the father;
- The child lives with his father. The request to register a son or daughter in this living space will definitely be granted. To do this, you should go to court, and the mother should agree to live separately from her.
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Sample certificate of registration at the place of residence.
If a child is registered with his father, how can he be registered with his mother?
It happens that a child is registered with his father, but lives with his mother. She had a desire to register him with her
. What to do in this case?
To resolve this issue, mothers are advised to go to court and prepare the following documents:
- A written application to the court for the child’s registration at the mother’s place of residence;
- A written description of the mother from the director of the kindergarten or school;
- Prepare written evidence from the clinic from the treating pediatrician;
- Also prepare written statements from witnesses. Witnesses can be neighbors, girlfriends, friends, and so on.
During a divorce, parents have different registrations. If the father wants to register the child with him, then the mother’s consent must be certified by a notary
. To register a child with his mother, such consent is not required from the child’s father.
Other family members or residents registered in this apartment cannot influence the mother’s decision to register the child with her. Moreover, it does not matter whether she is the owner of the apartment or not.
Is it possible to use maternity capital to build a house on your own? An article on this topic can be found here.
In the state program for providing children with living space, there is a clause stating that the child’s registration must be carried out, even if according to the standards there are not enough living space for one person.
Children in the Russian Federation should not be people without a place of registration.
The state took care of the fate of children, so that they had their own living space and grew up as worthy members of society.
You will learn how to register a newborn child in an apartment from this video:
https://www.youtube.com/watch?v=B2K3XRrxhBU
