Find out on our website how to register a child with his father or grandmother, as well as how to register a child temporarily at his place of residence.
What does the legislation say?
Is it necessary for the child to be registered with the mother? The answer to this question is clear: no, registering a child with his mother is not at all necessary . The child may be registered with one of the parents.
What legislative acts regulate the registration and residence of a child with the mother? The rules and procedure for children are explained and enshrined in law by the following legal acts:
- order No. 208 of September 20, 2007, Federal Migration Service of the Russian Federation;
- “Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation” Art. 28;
- Civil Code of the Russian Federation, Art. 20, 65;
- Decree of the Government of the Russian Federation of July 17, 1995 N 713.
Children are also citizens of the Russian Federation, the main points of the procedure are the same as the rules for registration of adults , although there are also some nuances.
You can learn about whether it is possible to register a child separately from his parents, and how the issues of registering a child are resolved if the parents are not married, from our articles.
Subtleties of design
As a rule, the application is processed within 2-3 business days .
If registration is approved, the applicant receives a certificate of registration, and if not, a written refusal.
In case of refusal, you should ask FMS employees about the reasons for this decision:
- if service employees require you to add documents or refill the form, this issue can be resolved immediately;
- If service employees require the father’s consent, then successful registration can only be achieved through the court.
There are no payments or state fees when registering. The entire process is completely free . At the same time, if the child is not registered with any of the parents, this is fraught with a fine.
Individuals can be fined from 2 to 5 thousand rubles , and in Moscow or St. Petersburg - from 5 to 7 thousand rubles.
What is the procedure?
Registering a child with his mother is a simple procedure from a legal point of view; you should pick up the required papers and visit during reception hours the official whose responsibilities are to check the documents and accompany them.
The mother must write an application requesting that the child, her son or daughter be registered at her address.
The application form is standard, of an established form, it is usually issued by institutions, this is the so-called f. No. 6.
Find out whether the consent of the owner of the residential premises will be required for the registration of a minor, as well as how to remove a minor from registration at the place of residence in order to register him at another address.
Where to contact
Where is the child registered? 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 where to apply to register a minor in an apartment.
Firstly, 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 your idea to life. Find out which organization services the home, and then go there. Management companies, as a rule, have passport offices. This is where you need to present the relevant documents.
Thirdly, as an alternative, contact the MFC in your city. Typically, these organizations help implement the idea. However, in this case, the registration of a person will be delayed - instead of the standard week of waiting, you will have to wait from 14 days to 1 month.
Required documents
How to register a child with the mother? What documents are required to register the child with the mother? The mother of a minor under 14 years of age must prepare:
- child’s birth certificate (find out how to get it after the birth of a child on our website);
- your passport or other personal identification;
- a certificate from the place of residence (or an extract from the house register);
- certificate of payment status for utilities and rent;
- confirmation of the father’s consent to register the child with the mother;
- a document from the father’s place of residence stating that the baby is not registered with him;
- marriage certificate (if the parents are married but live at different addresses);
- divorce document (in case of broken marriage);
- paper establishing paternity (in a civil form of marriage);
- statement according to f. No. 6.
You can find out how to obtain a certificate of a child’s place of registration using Form 9 from our article.
As for consent from the father, the requirement for this paper is not entirely legal (Article 61 of the RF IC gives father and mother equal rights).
But, in order not to fall out of favor with the reinsurance bureaucrats, it is better to ask dad to draw up this document. Those who are divorced do not need to obtain the consent of their ex-husband, because the court has already entrusted the care of the child to his mother.
It’s worth taking the time to visit your passport specialist in advance to clarify the list of documents , since individual regions may have their own views on this issue.
Taking into account the child’s opinion when registering
The interview of a child, as a rule, is carried out in the presence of a psychologist and in an atmosphere that completely excludes the influence of other persons on him.
If a question arises with registration before the trial and it is impossible to resolve the discussion between the parents peacefully with whom the child is still obliged to live, then the court, guided by Article 57 of the Family Code, has every right to make a decision, consider the desire of the child himself with whom he wants to live permanently with father or mother.
If the court believes that a child should appear at this hearing and express his opinion, then the judge is obliged to take into account the opinions of three parties when approving the decision.
The recommendation of the guardianship and trusteeship services is also taken into account, since the witness is a minor.
When approving the decision, the court discusses warnings to the parent with whom the child does not stay about the high-quality implementation of the verdict.
Which authorities issue the documents?
Where to submit documents?
The prepared papers must be submitted to one of the institutions :
- Housing department, management company, homeowners association;
- Passport Office;
- MFC;
- FMS bodies.
In housing departments, regardless of the form of ownership, registration issues are dealt with by a passport officer , who checks the completeness of the package of documents and prepares everything himself, and residents receive ready-made papers at the appointed time.
the fastest if you work with the MFC: there is always the latest data and a large, capacious database, and in addition, the reception of citizens itself is excellently organized.
The mother's appearance is mandatory , and if there are serious circumstances that prevent this, then a trusted person can represent her interests instead by power of attorney.
You need to be prepared for the fact that the originals of the passport and birth certificate will also serve as an attachment to the application, and the passport officer will write a receipt indicating which papers were taken .
This service is completely free of charge; no payment is charged for it, nor is there any duty.
Situations when you do not need to pay a fine
For many people, home is a place where a large number of relatives always gather, and where we spend most of our time.
But there is a category of people for whom it is not so easy to include military personnel, people living on the territory of churches and monasteries, geologists, children of orphanages, etc.:
- Not every location can serve as a registration facility. Therefore, a fine may be demanded from those categories of citizens who were not on the above list.
- It is also worth noting that if, for example, you are required to pay fines for living in a tent , then know that this is illegal and they want to scam you out of a bribe. Since neither a tent nor any other similar “housing” can be a place for registration.
- Also, no one has any right to demand payment of penalties for lack of registration, for example due to a long business trip.
Thus, we have figured out in detail what difficulties parents can expect when registering a child in an apartment. It has also now become extremely clear what documents are required and within what time frame all necessary information must be provided. Therefore, if you want the registration of your child to go successfully and on time, then do not delay this process.
Deadlines
If we are talking about a newborn, then the registration period is 7 days from the date of receipt of the birth certificate, and at the same time no later than 1 month from the date of birth.
When a child under the age of 14 has already been registered and is now deregistered at the previous address, then within 7 days you need to submit papers for registration at the new address .
Processing of documents and the procedure for linking a child to a new address lasts several days, but no more than 7.
What document should be issued after the procedure?
At the appointed time, you should come to the same place where the documents were handed in and get back the originals of your documents , for which you will need to present a receipt from the passport officer indicating which papers he took.
At the end of the procedure, a registration certificate will be issued (form No. 8).
Consequences of lack of registration
If you live in an apartment, but have not completed the registration process within 90 days, then you may be fined from 1,500 to 2,500 rubles. For some this may seem funny, since for some people this is a completely symbolic amount.
It is advisable to register on time and spend the money on something nice. But if you do not have registration at your place of permanent residence, and you moved more than 7 days ago, then you will also face a fine of at least 2,500 rubles. The amounts are equal, the only difference is the timing.
If you decide to earn extra money and register people in your apartment who will not live there, then this activity is illegal. In 2014, significant changes arose in the Code of Administrative Offenses that relate to the rules for registration in an apartment. The people are well aware of the law “on rubber apartments”. This law criminalizes such illegal acts. The penalty can be imprisonment for up to three years.
How and where to register a child after a divorce
If the offspring is registered in the apartment, his mother can go to court with a demand to be allowed to live on the premises if the spouses could not resolve this issue on their own. It will not be possible to discharge a minor citizen from housing after a divorce.
Attention
Video Housing was purchased or privatized during marriage If the living space was privatized during marriage, this does not always allow you to sue for a share in it. The mother and offspring will not have rights to the apartment in the following situations:
- the privatization procedure was carried out without their participation;
- there is no registration on the territory of the real estate;
- the woman did not pay for housing maintenance.
If the property privatization procedure was completed without the participation of the mother or child, it is considered that the apartment belongs entirely to the husband.
Identity cards
The following documents for registration of a newborn are the identity cards of both parents. Of course, with copies. We are talking specifically about civil passports. Other identification documents are not accepted at passport offices.
Be sure to bring copies and originals with you. Without the latter, you will be denied acceptance of your package of documents. But if they require the presence of both parents when submitting papers to register a child, you have the right to complain - this is illegal. Even if a minor is registered on the mother’s territory, you can do without it. Father is enough.
Regulatory framework
Article 20 of the Civil Code of the Russian Federation requires that parents and their children have the same registration until a certain time. This could be either the mother or the father. Therefore, from a legal point of view, it does not matter with whom exactly the baby will be registered.
Article 20 of the Civil Code of the Russian Federation
The Family Code of the Russian Federation (Article 61) confirms the right of a child to live with his parents and receive education from them.
Article 61. Equality of rights and responsibilities of parents
The Housing Code describes in detail the procedure for registering children with parents and possible benefits for the initial application to the responsible authorities.
Is the child registered with the father, does the mother have the right to live with the child?
In addition to financial provision for an acceptable standard of living, resolving the issue of place of residence, as well as other issues, it is very important to immediately think about where to register your own offspring. After the grandmother died, the municipal apartment in which the child was registered went to the father
After the grandmother died, the municipal apartment in which the child was registered went to the father.
The guardianship service or parents can apply to the court to declare it invalid. At birth Legislation establishes responsibilities for all citizens.
- a sheet with information about where the citizen left;
- formalized consent of the residents or the owner with a direct indication of legal norms;
- power of attorney if registration is made by a representative of the property owner.
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