Today we will try to find out how you can register a child at the place of registration of the father. This practice is not too 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. It is true that minors have their own rules. They have to learn further.
Determination of residence
The law on registration of June 25, 1993 has been in force in Russia for a long time. It is simply being changed to one degree or another. In 2015, in the course of such manipulations, the term "registration accounting" appeared. He began to replace the registration.
According to this law, all citizens, as already mentioned, must be registered at the place of residence or stay. In the first case, we are talking about permanent registration, in the second - about temporary registration. This rule applies to both adults and children. That is, the registration law indicates that even minor children should be registered somewhere.
In the Family Code, in article 54, the right to raise and live a child in the family is indicated. That is, a minor must at least live with parents if they did not write a refusal of the baby. But in the Civil Code the procedure for registering a minor is prescribed. So, according to article 20 (paragraph 2), a child must have a residence registration of one of the legal representatives. These are the rules that apply 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 exactly where to register - at the place of residence of the mother or father. It is not so important. After all, the process itself is no different in either the first case or the second. Usually, parents decide among themselves where to register the child.
Minor rights
Of course, a registered person has his own rights. In the case of children, they also have a place. The rights of the child registered with the father are not much different from the possibilities given when registering a minor with the mother.
First, a registered person can use his home for his 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, not just to spend the night, but to live fully at the territory of the place of registration.
Secondly, the child retains the right to live with his mother. In other words, a mother can live with her minor child in the territory of the father of the baby. Nobody can take this right away.
Please note that children registered in the apartment (father or mother is not important) do not have any rights to dispose of the property. Only if they are homeowners.
Some worry that having a registration entitles you to a square meter. This is not true. The registration of a minor only allows the child to live at the place of registration of the father. And nothing more. The kid does not claim any shares. True, in the case of the sale of real estate with an extract, 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 answers to this question. Citizens have a choice of place of application for registration of a minor in an apartment.
First, you can contact the passport office at the place of registration of the parent with whom the child will live. The most common scenario.
Secondly, now you can contact the Housing Office (management company) to bring the idea to life. Ask what organization serves the home, and then show up there. In management companies, as a rule, there are passport desks. It is here that the relevant documents must be presented.
Thirdly, as an alternative, contact the MFC in your city. Typically, these organizations help implement the idea. True, in this case, the registration of the person will be delayed - instead of the standard week of waiting, you will have to wait from 14 days to 1 month.
The timing
So, you have determined the place of registration of the child. But in what time frame is it necessary to carry out this action? This question not only worries many, it also constantly causes controversy. Why?
The thing is that each person must be registered or temporarily registered in a particular housing. In the case of adults, a week is allocated for registration (permanent) from the day of discharge from the previous place of residence. In general, without a residence permit (for example, tourists), citizens have the right to stay 90 days. Then either temporary registration is done or permanent.
What about children? There is such a thing as primary registration. The terms of its implementation are not fixed anywhere. Therefore, parents will not have any responsibility if they decide to prescribe their baby only after 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 faster you deal with this issue, the better.
Thus, the initial registration of a minor is recommended for implementation no later than a month after birth. Indeed, without a child’s registration, you will not be able to fully use medical services, as well as receive payments from the state as support for families with children. It does not matter who exactly the minor will be registered with, the fact of having a certificate of registration is important.
Owner Consent
You can register a child at the place of registration of the father or mother without any problems. No further questions arise if the parents are homeowners. But what if they are also simply registered in a particular home without the right to a share in it?
In this case, as practice shows, the consent of the owner is not necessary. In any situation, the child must be registered at the place of residence of one of the parents. Remember, for the registration of an adult, the approval of the owners of the apartment is necessary, for the registration of the child - no. You have no right to refuse to carry out the process.
In only one case, registration is not carried out - if the court has issued a decision on living with one parent. Most often it is a mother. Can a father prescribe a child to himself in such circumstances? Not. Even if he owns a home. If the judicial authorities have not made a decision on the child's residence with a specific parent, the registration process is carried out without any obstacles.
Second Parent Consent
Prescribing a child to a father is not as difficult as it seems. In any case, if we are talking about a minor who will be brought up in a complete family. Parents must decide for themselves where to register the baby - with mom or dad. Regardless of the answer, you will have to obtain permission from the spouse to carry out the process.
That is, if you wanted to register a child at the place of registration of the father, mother should write permission for this action. And it will have to be presented in a certified form. The same applies to cases with registration on the territory of the mother - the pope writes his consent to the process, then certifies the paper. It is provided at passport offices or at the IFC.
The absence of this document makes registration impossible. Therefore, you have to agree in advance with your spouse. There are only a few exceptions in which notarization of paper or its complete absence is possible.
In the first case, the mother must come to the passport office with the baby’s father, then, with her own hand, under the supervision of a passportist, write her consent and put a personal signature on it. In such circumstances, notarization is not necessary.
In the second situation, everything is much more complicated. Consent to the registration of a minor from a second parent does not take place if the court has already ruled on a child living with mom or dad. In practice, it is with mothers that minors are left. But there are exceptions. In such circumstances, the father simply collects documents for registration and submits them to the MFC or passport offices. The consent of the mother, when the court determines the residence of children with the father, is not required.
Certificate from the hospital / birth certificate
Now you should pay attention to the documents for registration of a newborn. The consent of the second parent when it comes to officially registered marriage is the first important paper. But what else do you need to bring with you?
A certificate from the maternity hospital about the birth of a child or a corresponding certificate. Please note that the first document is only valid for a month. Therefore, if you want to prescribe a child as soon as possible, you need to hurry. Do not be surprised if you are refused. As practice shows, in passport offices usually require a birth certificate of a child. Without it, registration on the primary registration account is impossible.
ID cards
The following documents for registration of a newborn are identity cards of both parents. Of course, with copies. We are talking about civil passports. Other certificates in passport offices are not accepted.
Be sure to bring copies and originals with you. Without the latter, they will refuse to accept a package of documents. But if they demand the presence of both parents when submitting papers for registering the child, you have the right to complain - this is illegal. Even when registering a minor in the territory of the mother, you can do without her. Father is enough.
Marriage certificate
The next important point is the provision of a copy and the original marriage certificate. Usually, in the presence of officially registered relations between parents, no problems with the process arise. It is much more difficult to do if you decide to live without a stamp in your passport or divorced.
What to do when a child’s parents get divorced? In this case, the most logical and simplest decision will be the determination by the court of the place of residence of the minor. With whom they will leave him, there to prescribe. In this case, the consent of the former spouse or ex-wife is not required. It is enough to present a passport copy and the original resolution of the judiciary.
Help from mother
There is one more nuance that you should consider. How to register a child in the apartment where the father lives? If you made such a decision, you will have not only the consent of the mother to receive this operation. In addition, the mother of the child must present a certificate of the established form stating that the minor is not registered with her. Such a document is usually issued in the passport office at the place of registration of the mother, a month is valid.
In other words, you need to get an extract from the house book, in which all owners and citizens registered at the indicated address will be indicated. Only the original fits, no copies! Usually it’s enough to say that you need a certificate of lack of registration with the child at your place of residence in order to register it with your father. And the passportist / accountant in the management company will quickly give you the document of the established form. There is nothing complicated or special about this.
As the edit shows, if you decide to register a newborn with your dad, sometimes even a certificate confirming that you are not registered in 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 clear. But what if it comes to cohabitation?
When parents decide to register the minor at the father’s place of residence, they either have to acknowledge paternity through the registry office, or this information will be recorded from the words of the child’s mother. Usually it is the first option that takes place. Confirmation of recognition of paternity will need to be attached to the main package of documents that applies to the MFC or passport offices located either as separate organizations or with management companies.
We pick up the documents
Now it’s clear how to prescribe a child. The consent of the father to this action, as well as the mother, as we have found out, is an obligatory point, which only in some situations does not take place. As soon as all of the above documents with copies (if necessary) are collected, go to the appropriate authorities for registration. Your child’s birth certificate will be taken from you (certificate from the hospital). Then they will definitely return it to you. It remains only to wait some time.
In general, registration of a minor takes about a week (taking into account weekends), but the period may vary. About when to pick up the documents, you will have to be informed when they are submitted. To obtain a certificate of initial registration, you will have to present a passport. One of the parents can take the document, the presence of both is optional.
As soon as you show up at the passport office or at the MFC, you will have to return the extract from the hospital or the birth certificate of the child together with the certificate of the established form (depending on what you showed). That's all, now the minor has a registration!
Without parents
To register a child at the place of registration of the father, as it turned out, is not so difficult. But sometimes parents want to register a minor elsewhere. For example, grandparents. Is there such an opportunity?
Yes, but not right away. The thing is that modern legislation indicates that minor children must be registered at the place of residence of the parents or with one of them. Therefore, until a certain age, you can not prescribe children wherever it pleases.
But as soon as the child turns 14 years old (after receiving a passport), you can register in any other accommodation. For example, grandparents. In this case, it is necessary to obtain parental consent for the implementation of the process, as well as approval from those to whom the minor is prescribed. Plus, from the age of 14, for registration, you will have to take the consent of the homeowner to conduct the process. By the way, often permission from the legal representatives of the child is not required. But from the owners of the home - without fail.
Conclusion
Now we know all the features of the registration of a minor in a particular 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 go to court to determine the place of residence of the children.
If your marriage is officially registered, simply collect the above-mentioned package of documents, and then present it at the passport office or at the MFC. The main thing is to decide with whom the child will be registered. Please note that in the event of a divorce, the mother has the right to live with a minor. Even when it comes to the territory of the father.