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.

Where can I register my child?

The question of registering children arises in the following cases:

registration of a newborn;
change of place of residence of a minor citizen.

The newborn must be registered at the place of residence within 7 days from the date of birth. He must be registered at the place of residence of one of the parents or other legal representative.

Important!
It is possible to register a newborn at the place of registration of the legal representative without taking into account the opinion of the owner.

When changing place of residence, the age of the child matters. A minor (aged 0 to 14 years) can be registered exclusively together with a legal representative. A minor (aged 14 to 18 years) may be registered in another living quarters, for example, with a grandmother or in a student dormitory.

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.

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.

Registration in another apartment after the child is discharged from the previous one

To register a minor in a new home after the sale of the old one, where he was one of the co-owners, his parents or other legal representatives contact the Federal Migration Service, presenting a certificate of departure and deregistration at the previous address.

In addition, the following must be presented:

Written consent of the guardianship authorities.
Documents confirming ownership of the new apartment.
Passport of the person in whose living space the child is registered.
Birth certificate of a minor.

According to Article 61 of the Family Code of the Russian Federation, the rights and obligations of both parents in relation to minor children are equal. And Article 65 determines that the place of residence of minor children when parents live separately is established by mutual agreement of the latter. The Civil Code states in Article 20 that a change in the registration address of one of the parents with whom minor children live automatically determines the place of their new registration with the provision of housing of equal quality.

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.

Discharge of a child from public housing

If a child is registered in an apartment owned by persons under a social tenancy agreement, then when deregistering him or her the following conditions must be met:

the minor will be immediately registered in another home with his parents. Duration: fourteen days
the minor will be registered in an apartment that meets the requirements of SanPiN, and also has an area no smaller than the one from which they are being discharged.

Please note! According to current legislation, in order to discharge a child from municipal housing, it is necessary to follow the established procedure:

at the passport office you need to get a certificate of registration in the apartment for the child,
the document is provided to employees of the guardianship and trusteeship authorities, you will have to provide additional papers,
obtaining permission from the guardianship and trusteeship authorities,
provision of a certificate from the OOP to the passport office, deregistration of the child.

To request a certificate from the passport office you will need to provide:

passport of one of the parents,
child's birth certificate,
a copy of the social tenancy agreement.

Remember! To obtain permission from the guardianship and trusteeship authorities, you will need to provide the following documents:

certificate from the passport office,
personal account for the apartment, which is taken from the passport office,
copies of passports of both parents,
a copy of the baby's birth certificate,
passports for the new and old apartment,
a copy of the social tenancy agreement.

The guardianship and trusteeship authorities have the right to review documents within fourteen days. After the decision is made, notification is sent in writing within three days from the date of its adoption.

Please note that the guardianship and trusteeship authorities consider each case individually. A representative can be sent to a new apartment to assess the quality of life, living conditions, and also check the actual data with the information provided.

How to expel your ex-husband from the apartment?

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 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.

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.

Can the owner discharge a registered child?

Often a situation arises when the child has not lived in the apartment for a long time, but it is difficult to obtain the consent of his legal representative for discharge for one reason or another.

To solve this problem, the owner of the apartment must apply to the court with a claim to recognize the citizens registered in the apartment as having lost the right to use (Registration Rules, paragraph 31). First of all, the claim is filed against the parent, and the child is then discharged along with him .

The right to use can be lost when property is transferred to a new owner or if the child does not actually live at this address.

In the life of every family, circumstances may arise that require the child to be removed from the apartment. This procedure should not cause difficulties, but it should be understood that in any controversial situation the law will primarily protect the rights of the child.