How to deregister a child from his mother’s apartment and register him with his father: can a father deregister adult or minor children after a divorce and does he have the right to do so, and what to do?

How to register at a different address?

The simplest option for discharge is to immediately submit an application for registration of the child in another place without discharge.
Then the structures of the Ministry of Internal Affairs themselves transmit data about the new registration, and the minor is discharged from the previous place. Important! In this case, a child under 14 years of age can also be registered exclusively with his parents.

What papers will be required?

To change a child’s registration, you must provide the following documents:

birth certificate;
passport (from 14 years old);
document of the person who is the legal representative of the minor;
statement of intention to remove the child from registration.

The application is drawn up randomly.

This is a comprehensive list. That is, the passport structure cannot require additional certificates or consents. It also does not change depending on the form of real estate.

Who is applying?

For children under 14 years of age, the application must be submitted by parents or persons replacing them. The child himself does not have to be present.
Children over 14 years of age have the opportunity to submit applications themselves with the consent of their representatives.

The application indicates the address where the child will be registered in the future. If there is none, for example, the family leaves for permanent residence in another country, the reason for the discharge is described.

Step-by-step instructions for changing your registration through State Services

Let's look at the step-by-step instructions for changing your registration through the portal:

on the State Services website we find the section “Federal Migration Service”;
select from the list: “Registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation”;
The line “Service Options” appears; put a check mark next to it. If we are considering the registration of a child, or the registration of an adult, then we select “Registration of a citizen at the place of residence”;
Please fill out all lines CAREFULLY. The main thing is to indicate your current location correctly;
According to the interface, we are already at step 3, if your child is a minor, then at step 2. Fill in the lines of personal data, place of birth, identity document;
Next, you need to indicate the old place of residence and the new one, where you want to register yourself or your child;
do not forget to check the box where it says that you are not going to be deregistered;
fill in the fields that relate to the owners of the housing in which you plan to register the child;
a document confirming ownership will be required to further complete the procedure;
we fill in the lines in which we indicate all the data about the citizen (child) who needs to obtain a residence permit;
We indicate the location of the UMFS where you can appear with your passport at the last stage.

After all this, you will certainly receive two letters, again to your home address, in which you are informed of successful registration.

Next, all documents are checked, and you wait for a call to the premium. After successful verification, you receive a letter that says the date, time, place (office), where and when you need to appear. Remember, within three days after you received the letter.

For a child

If you want to register a child who is not yet 18 years old, then registering your child will be just as easy using the instructions above. But instead of a passport, you must present a birth certificate.

Your child can only be registered in the place where one of the parents is registered. It is impossible to register children in the living space where you (the parents) live but are not registered.

If your child has already reached the age of majority, then you must provide (attach) his passport.

When changing your place of residence, without a doubt, the owner of the housing in which you plan to register must be present, or register your child when preparing documents already at the MFS and directly, with his permission.

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Is the father's or mother's consent required?

Many questions are raised by Article 75 of the Family Code, which states that if the father and mother live separately, the child’s place of residence is determined by their agreement. Taking into account this norm , representatives of passport services require that the second parent be present at discharge or give notarized consent to this, especially if the registration of the husband and wife is different.

However, not a single regulatory document specifically states the need to prove in any way that the second parent agrees with the child’s discharge and registration in another place. At the same time, paragraph 14 of the Administrative Regulations contains information that for registration of citizens under 14 years of age, the consent of only one legal representative is sufficient.

Attention! If parents, after a divorce, cannot come to a common decision on the child’s registration, the situation can be resolved in court.

When is permission from the guardianship authorities required?

Although there are many rumors surrounding the work of guardianship authorities, issues of registration of minors are not their specialization.

The task of these structures is to protect the rights of children, in particular, property and constitutional rights. These include the child’s rights to housing and property.

If the minor does not have title to a particular apartment, proof of guardianship is not required. You can also do without it if the child acts as the owner of the property, but the change of address does not imply its alienation.

How to change your registration

In general, in theory, nothing is required except the consent of the owner, but besides the theory there is a safety net and bureaucracy - they take the consent of everyone who is registered, so if the child is under 18, then his rights are represented by legal representatives (parents, guardians, etc.), i.e. e. The consent of the child’s mother may well be required.

No, I don’t live there a little bit. I’m in Michurinsky, I’m now grasping at everything in a row, I don’t know what’s best, so far it seems like they’ve decided to pay for it, so then there’s no need to bother with registration. It’s also a double-edged sword for me to change it, my sister lives there, I don’t want to cut her any slack. Otherwise, she already considers herself the navel of the earth, now if she checks out, she will lose all fear.

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In what cases should there be permission?

However, there are situations when the consent of the guardianship and trusteeship authorities is necessary.

Selling an apartment in which the child has a share of ownership

Real estate transactions where children are involved are the most difficult. In order to obtain consent from the guardianship authorities, you must provide them with papers for both apartments (sold and new), in particular, BTI floor plans.

In addition, it is necessary that all owners give notarized consent or be present during the procedure in person. OOiP will give their consent if they are convinced that the change in place of residence has not resulted in a deterioration in living conditions for the minor.

Exchange of municipal housing

Important! This is a rather rare procedure, which also requires a decision from the guardianship authorities. This need is due to the fact that each member of the tenant’s family has the same right to use housing.

You must present:

BTI documents for two apartments;
social rent agreement;
passports of all residents;
confirmation of the possibility of such an exchange from government agencies, such as, for example, the housing construction department.

As in the previous case, it is not the immediate fact of discharge that needs to be coordinated with the guardianship authorities, but real estate transactions. To obtain consent, it is necessary that the child receive a similar or larger area in the new home, and the conditions in which the minor will live do not become worse.

Discharge of an orphan

The only situation in which a decision will be made on the direct fact of deregistration. For this purpose, persons who now act as the child’s legal representatives apply to the UZSN with similar documents that are required for registration at a different address:

birth certificate or passport of the child;
representative's passport;
documents for real estate where registration is planned;
statement.

It takes up to 15 working days to render a verdict.

Features and Differences

Let's look at the features of changing your registration through State Services:

the registration service through the portal is available only to Russian citizens;
Children under 14 years of age must provide a birth certificate;
if the apartment in which you are going to register, or register your child, then you definitely need to come to the FMS with the owner of the apartment;
When sending all the documents, the first thing that should go is the consent of the owner of the living space, and then your application.

When changing your registration, you will have to change a few more documents, but your move will not lead to a global replacement of them.

The list of replacement documents includes:

if you are a car owner, you will have to replace your driver’s license;
certificate of assignment of an individual tax number;
if you are liable for military service, you will have to change your military ID;
pensioner's ID;
insurance number of an individual personal account.

Documentation

Parents already have almost all the papers required to discharge a child or to coordinate this with the OUiP. This is about:

passports;
birth certificates;
right of ownership of real estate.

Attention! If you need an explication and a cadastre plan, they must be ordered from the BTI by contacting the authority in person or through the State Services website. These documents are provided for a fee within 10 days.

You may also need a single housing document or a list that replaces it:

extract from the house register;
personal accounts;
a certificate confirming the absence of debt for utilities.

You can get them at the MFC or at the company’s passport service.

First registration

The child needs to obtain a registration in the first month after birth: this document will be required when obtaining a medical insurance policy, enrolling in preschool and school institutions.

Until the age of fourteen, a child must be registered at the same address as his mother and father: he cannot be registered, for example, with his grandmother.

He can register separately only after the first passport is issued and with the consent of his parents.

It is important to know: if the mother and father are registered, but do not live in this place, they have the right to register the baby there.

It is also important to note that a minor can be included contrary to the consent of the owner of municipal square meters, the owner of privatized housing or another person. There is also no need to negotiate with the people living there. You can always include a baby, even if not all residents agree with this. The small number of square meters is not the reason - the baby is always included.

Registration takes place through the passport office. The mother or father must go there and bring:

Two statements: the first is written on behalf of the baby with a request to register him, the second is signed by the father or mother with a similar request.
Passport.
Birth certificate.

An adoption decree may be useful, but the requirement of any additional papers (approval of citizens living in the housing area or a certificate of the number of registered persons) is illegal.

Please note: registration of an infant is free and not subject to state fees. It takes place on the day of treatment.

If the father and mother live separately, they need to decide for themselves at what address their son or daughter will live. They can do this verbally or create a written agreement. It is important to remember that the list of documents does not change: employees do not have the right to demand any additional papers, since one parent can register a minor.

Where can I apply?

There are several options for applying.

In the MFC (My documents)

You can contact the Multifunctional at your place of residence. There you will need to go through several windows:

compare papers;
take an extract from the house register;
certify a copy of the application from the manager, and so on.

The service is provided within three working days. Then you will need to come to the same MFC for documents.

At the passport office

You can contact the passport service directly. In this case, the procedure will be the same. The list of papers needed for the procedure also does not change.

On the State Services website

It is possible to submit an application electronically through the State Services web portal. For this purpose, you need to open it and fill out a special form and upload scanned copies of the papers required for extract and registration.

Important! Within three working days, an invitation will be sent to your email address to visit the passport service with the original papers to check them and make a final decision.

How to change your registration: what documents are needed, procedure, deadlines

Register immediately. To do this, you should appear at the Federal Migration Service or MFC at your new place of residence and submit a standard package of documents. However, it is not necessary to register at your old address in advance.
Get temporary registration. In case of long-term departure, each person has the right to obtain temporary registration within 90 days of stay in the new place.

We decide on the type of service. Either we immediately submit documents for registration at the new address, or we first register, and only then submit documents for registration. Most often, the first option is chosen, since there is no need to visit the Federal Migration Service several times, fill out a departure form, or hand over your passport. Only in rare cases is registration obtained in stages. For example, if, when selling an apartment, the buyer demands that all old owners be registered before the transaction, but there is nowhere for them to move in yet.
We choose the method of submitting documents - in person or electronically. Registration on the public services portal will allow you to fill out an application electronically with easy navigation and receive an invitation to the registration authority.
Prepare and submit original documents to the MFC or the FMS department.
After 3 days , pick up your passport with notes about the change in registration.

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How to proceed?

Many are afraid that the procedure for discharging a child will be difficult, especially if, when moving, the family sells their home and is discharged “to nowhere.” In practice, everything is not so difficult.

If the minor was not the owner

In such a situation, when drawing up an application, you must only note the intended place where the family plans to stay during the first discharge (visiting, visiting relatives, and so on). If the family is prosperous and is not registered, there is no need to be afraid of inspections by social security authorities.

If the property has already been sold

In this situation, even when agreeing on the transaction with the guardianship authorities, the parents must sign an obligation to buy another home, register the minor in it and allocate a share to him for three months. This paper is attached to the application.

The privatized apartment does not belong to the child

If the property is privatized, but a minor does not have rights to part of it, there is no need to obtain the consent of the guardianship authorities, since his property rights are not infringed.

The only condition for discharge will be the new registration of the baby at the same address as the parents.

Otherwise, the procedure does not change: spouses are forced to come to the passport office and submit the following documents:

When can the owner go to court?

There are situations when a minor does not live in a certain apartment for a long period, but due to some factors it is not possible to obtain consent to this from his representative. Then the owner of the property will need to go to court with a claim to recognize the persons registered in the apartment as having lost the right to use it (clause 31 of the Registration Rules). The claim is, first of all, directed at the parent, and then the child is discharged at the same time.

Loss of the right to use is possible when ownership of real estate is transferred to another owner or if in fact he does not live at this address.

Circumstances that may require a child to be discharged and registered elsewhere can arise in any family. In practice this is not so difficult to do. The main thing is to adhere to the established order. But you need to understand that if there are contradictions, the legislation will always try to protect the rights of a minor.