If spouses divorce, the issue of dividing the apartment and children becomes the most controversial. Usually a minor citizen is left to live with his mother. However, if the child is registered with the father during a divorce, this may cause additional difficulties. In this situation, a man is able to begin to lay claim to the sole upbringing of his offspring. The citizen is confident that the court will side with him in this situation. In practice, the issue is not resolved quite this way.
The court may indeed decide to place a son or daughter in the sole custody of the husband if the mother behaves inappropriately. Such behavior includes the use of drugs, alcohol and poor lifestyle choices. A minor citizen can also be transferred to his father if the woman suffers from dangerous infectious diseases.
Cruel treatment can also become a reason for making a decision to transfer the offspring to the husband and depriving the wife of parental rights, even if they are not registered with him. In other situations, the proceedings will take place on classical grounds. We’ll talk further about what to do in such a situation, what to do if a child took part in privatization, and also what to do if a minor has a residence permit in real estate acquired before marriage.
Where should a child be registered after a divorce?
As a rule, by the time of the trial, the separating parents have already agreed where and with whom the child will live, but if the degree of tension in the relationship does not allow dialogue, then the court will resolve this issue (Clause 2 of Article 24 of the RF IC).
Although most often children remain to live with their mother, it happens that the father becomes the main parent.
Ideally, after the parents’ divorce, a child should receive registration at the place of his residence with one of the former couple. Read more about how a newborn child is registered in an apartment after birth, and you can find out how to register a child at the place of residence of one of the parents here.
If the parent who does not intend to live with the child has the right of ownership of housing, then the court may oblige him to provide members of his former family with a new home, and with conditions no worse than the current ones.
What is clear is that it is impossible to discharge the offspring “to nowhere . If relatives - grandparents, sisters and brothers, uncles and aunts - have extra square meters of living space, it is also possible to resolve the issue of registering a child and his mother (or father).
Children under the age of 14 cannot be registered in the living space of relatives without a father or mother , only together with the parent for whom this is actually determined by the court or a common decision of the couple. It is impossible to register a child without a mother even with relatives.
The legislation of the Russian Federation protects the rights and interests of children, so deregistration from the previous place of residence on the initiative of the parent - the owner of the property - will not work, no matter how much he would like it. You can view detailed instructions for registering and discharging minor children from an apartment here.
Registration of a child takes priority over the wishes of the residents of the apartment where one of the parents lives and is registered. This means that even if the homeowner does not want this, he does not have the opportunity to slow down the child’s registration with his parent. Is it possible to register a child without the owner’s consent to an apartment and how to register a newborn, read here.
The result of a peaceful decision on the child’s place of registration is a joint statement , which indicates where and with whom the child will live.
Although the law on this issue (clause 2 of Article 65 of the RF IC) does not require special paper, in practice, this statement often also stipulates the mode of communication between the other parent and the offspring living separately.
There is no need for this document, drawn up in a free style, to be certified by a notary , but if it also specifies the procedure for providing alimony, then after notarization the paper acquires the force of a writ of execution.
You can find out more about where to register a child after birth and where to go here.
A lawyer's answers to questions about the division of property in the presence of children
Will an adult child be involved in the division of property and divorce of parents?
No, the law establishes the separation of property regimes between parents and children. An exception is the incapacity of an adult child, if the plaintiff is caring for him and needs to allocate a larger share: if compelling reasons are provided, the requirements can be satisfied.
Can parents claim an apartment registered in the child's name during a divorce?
No. Real estate and other property registered in the name of minors is not divided.
The court will decide
For those representatives of families who gave birth to a child, but were unable to choose the most acceptable option for residence and registration for the baby, the RF IC has paragraph 3 of Article 65, according to which the court will, of its own free will, determine this place .
In this case, the interests of the minor are placed at the forefront, and the opinion of the offspring himself matters, if he is already 10 years old.
One of the four who is categorically determined, for the benefit of the child, to register him with himself, must draw up and submit a statement of claim to the district court , in which he states the following:
- it is possible to create good living and study conditions for a son or daughter, since there is a comfortable apartment with sufficient space;
- Having a permanent job with a decent salary allows you to provide a comfortable existence for your child;
- the other parent does not have his own home and cannot provide the child with the proper level of well-being.
Next, when formulating a request to the court, you should ask for the possibility of the child living and registering at this address, and withhold alimony from the defendant.
Since the trial is taking place with the participation of representatives of the PLO , the best option for further residence and registration of the baby will be chosen.
In order to win back the child, but not for the sake of a desire to annoy the ex-spouse, but precisely for the good of the child, it is important to correctly state the motivation when drawing up an application , so it is better to entrust this important matter to a lawyer, a specialist in cases of this kind.
Why is it necessary to register a child?
Registration is necessary to ensure the normal functioning of the child , because without a certificate of registration it is impossible to:
- receive free medical care;
- enroll the child in a preschool or school;
- draw up paperwork to receive maternity capital;
- receive benefits, benefits, etc.
An appeal for any of the above reasons requires the provision of a certificate of registration of the cub.
Read more about whether a minor child needs registration and how to register him before the age of 14 and after, in a separate article.
Does one of the parents have the right to live where the minor lives?
It is where the parent lives that the child must legally live - this is what Article 20 of the Civil Code of the Russian Federation says.
If it turns out that the offspring has a residence permit, then whether one of the parents can live in this area is an ambiguous question. For example, does the ex-wife have the right to live at the place of registration of the child after a divorce?
A child has the right to be moved in with his mother or father without the permission of anyone, be it the owner of the home, but not vice versa. You can find out more about whether you need permission from the mother or father or the owner to register a child here.
Does the father have the right to live at the place of registration of the child (or mother)? In order to live where a minor under the age of 14 is located, his mother (or father) must acquire the right to use housing, depending on his status :
- if housing is used under a social tenancy agreement, then it is necessary to obtain the consent of all residents of this living space (Article 70 of the Housing Code of the Russian Federation);
- if the home is in privatized status, you need to try to get approval from all owners (Article 30 of the Housing Code of the Russian Federation, Part 1 of Article 246 of the Civil Code of the Russian Federation).
Can the mother live with the child's registration? If an attempt to reach an agreement with the owners or tenants is unsuccessful, the mother will not be able to exercise her right to live where the baby is registered .
Conclusion
What are children entitled to if their parents divorce in 2021? First of all, these are monetary payments called alimony. Taking care of children, including providing financial assistance, is the main parental responsibility. If the mother or father does not want to do this voluntarily, the court and the bailiff will provide assistance.
A child has no right to count on any share in the property, because according to our legislation it is divided only between spouses. The exception is when items are purchased solely to satisfy some children's needs.
Legal relations related to the purchase of housing using maternity capital are regulated separately. Here, the children’s right to apartment shares is undeniable. The responsibility to highlight and document them falls on the parents, as the legal representatives of their children.
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What rights does a child have regarding registration after a divorce?
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.
Deprivation of parental rights of mother
Another way to take a child from your wife after a divorce is to deprive her of parental rights. In most cases, this is the method used to transfer the child to the father after a divorce. Reasons why you can deprive your spouse of parental rights:
- the child does not have the opportunity to receive a general education while living with his mother;
- refusal to pick up the child from the hospital, school, clubs and other institutions;
- cruel treatment;
- presence of alcohol and drug addiction.
In these cases, living with the mother becomes dangerous for the children. She may be limited in her parental rights or deprived of them. To prove these facts, representatives of the guardianship and trusteeship authorities will be involved in the case. They will check the house and talk to the child.
How to complete the procedure?
This procedure is completely simple, you only need:
- collect the required papers, make the necessary copies;
- obtain written consent from one parent to register with the one who, after the divorce, will permanently live with the child;
- show up during office hours at the MFC or at the housing department at the place of registration of the parent who is registering the child (read about how to register a child through the government service website and the MFC here);
- At the appointed time, come for the original birth certificate of the child.
There is an option to register a minor online .
If the child has reached the age of 14, then he, accompanied by both parents, must appear in person for an appointment with the official responsible for registration.
Is it possible to register a child using the temporary registration of the mother? Can. The appearance and consent of the landlord or owner of the property where the mother is already registered will not be required.
Changing a child's surname
There are situations when a mother may express a desire to change the child’s last name to another, after remarriage or simply out of anger at her ex-husband. This decision is made by both parents together. Let's face it, there are rare cases when a father in his right mind can agree to this.
Exceptional cases:
- Deprivation of parental rights.
- Declared missing.
- Recognition of incapacity.
The procedure for changing a child’s surname is not one that infringes on the father’s rights during a divorce with the mutual consent of both parents. Permission to change a surname is asked from a student who has reached the age of ten.
