How to register a child if the parents are registered in different places. How to register a child with a father
At birth, a child, according to the law, can freely be registered in the same place as his mother. In a situation where the place of registration and place of residence do not match, it becomes necessary to register the child with the father. Then there are small bureaucratic complications. They are not as detrimental as in other situations. The law is entirely on the side of the child, so the father should not have any difficulties with the registration of the child. You will learn all the subtleties of the issue from the article.
In accordance with the legislation (Article 20 of the Civil Code of the Russian Federation), the place of residence of children from birth to 14 years of age is where their parents live. If mom and dad are registered at different addresses, then you can register the child with one of them. At the same time, the mother will not have any problems with registration, and for registration, the father will need the written consent of the mother, certified by a notary. When registering a newborn to the father, in the event of a mismatch between the places of residence of the parents, the mother will be required to give written consent to this act. In this case, the father must be native, or rather, his data must appear in the birth certificate. The father may not be the owner of housing in which a small citizen is registered. The Migration Service and legislation do not require the consent of relatives and owners of housing. This fact is supported by the Housing Code of the Russian Federation and 70 Art. in particular.
- Parent's application for registration at the place of residence;
- Certificate that the child is not registered with the other parent;
- Birth certificate / adoption document, as well as its copy;
- Copies of the original passports of mom and dad;
- Marriage certificate;
- The consent of the mother / father on the consent of the registration of the child at the place of residence of the spouse.
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The passport office will hold your documents (in particular, the passport of the father, whose child is registered) for several days, as a rule, no more than 5. In each region, the specific period in which the registration process is carried out is specified separately. During this period, information about the child will be entered in the house or apartment book, as well as in the alphabetical cards of parents / guardians.See on our website:
The legislation does not specify the period in which parents are required to register a child, but Negative consequences there are such delays. It's not just about the fine for the residence of unregistered persons. You deprive your child of social guarantees provided by the state:- Without a residence permit, a child will not be issued a policy of compulsory health insurance, without it you will not get an appointment with a pediatrician in a clinic, as well as other doctors;
- Maternity capital is also provided if the child has registration at the place of residence;
- Various types of material assistance to juvenile citizens are issued if they have a residence permit;
- The child enters the school or kindergarten in accordance with the registration address.
To all of the above, one should add a note that the child cannot be registered with the father if the court had previously ruled that the child was only with the mother after the parents divorced. Refusal of registration awaits when trying to register a child with a parent who has been deprived of parental rights.
Often, young mothers, when discharged from the hospital, have to face problems in determining the place of residence of the baby. By law, a citizen does not have to reside at the place of permanent residence.
You can register a newborn both on the territory of the mother and with the father, if the registration of the spouses who are officially married is different. Nevertheless, there are nuances in this matter, and family circumstances are different in life.
What you need to know about the registration of a newborn to the father, what documents you need to collect, why difficulties arise and whether registration is necessary in principle, we will consider in more detail in this article.
How to register a child?
According to the law, the child up to 14 years old must live with their parents, and can be registered with one of them if the registration is different. Usually, when registering with the mother, there are no special problems.
If there are no other options, only how to register with the father, then the mother will need to written and notarized consent.
In this case, paternity must be confirmed officially, then in the birth certificate in the column "father": the full name of the father must be identical.
The father does not have to be the owner of the home. Legislation does not require even the consent of other relatives occupying the living space in order to register a small citizen. Of course, one cannot do without the consent and presence of the owner during registration.
If he does not want to appear to sign the confirmation of registration, he is automatically subjected to fines, since under the law the residence of persons for a long time without registration is illegal.
At absence of the owner the registration authorities have the right to refuse and not to register the baby. But on the basis of a written refusal, the mother has a reason to defend the baby's rights in higher instances, that is, to go to court.
The legal father also has no obstacles and restrictions for registering his own child, although you still have to follow the formalities.
If necessary, the registration of the child to the father must be submitted to the passport office:
- written permission from the mother or assistance from the guardianship service in the event of a divorce of the spouses at the time of registration of the newborn;
- birth certificate;
- parents' passports;
- proof of ownership, if any.
There are no specific deadlines for registering a baby, as well as fines by law not provided in case of violation of the registration rules.
Why do I need a registration for a child?
Many parents do not attach much importance to registration, considering it an optional condition. But it should be understood that over time, without registration, parents will have to face the inability to receive benefits and subsidies for the baby, as well as registering at the place of registration or in the hospital, when applying to a kindergarten.
Of course, it is reasonable for parents to decide in advance on the place of registration of the baby. Take care of the location, distance kindergarten, other government agencies, which, one way or another, will have to be contacted as needed.
Perhaps the housing does not belong to parents, is owned by the municipality, is not privatized, or a new purchase of an apartment is planned, which, according to the program "Young family" Today young parents have the right to take advantage.
If necessary, you can temporarily postpone registration of the baby, but do not underestimate its importance. One way or another, over time, parents will have to face it and problems are inevitable.
What documents do I need to collect for registration of a child?
To register a child, you need:
Registration of a child, what difficulties arise?
If the father is his own, then there are usually no problems with registering the baby, while he does not have to be the owner of the home. However, the migration service has the right to request presence of the owner at the time of writing the application.
According to the law, this optional condition, but registration without an owner can be fairly delayed when such requirements are put forward by the state. employees.
They must provide the facts of the refusal in a written form on the basis of which the parents can then apply to the court.
Difficulties often arise when mom's rejection, failure to obtain permission to register the baby to the father.
According to the legislation of the Russian Federation, this fact is not reason for refusal, since the minor has the right to register with any of the legal and indicated parents on the birth certificate.
Disputes are resolved in court. In the absence of permission from the mother for registration, the father with written refusal can file statement of claim to court. Difficulties often arise in determining the place of registration of the baby when the parents are in an unregistered marriage.
IN this case father:
- you will have to acknowledge your paternity first;
- further, in the birth certificate in the column “father”, a corresponding entry will be made, on the basis of which it will not be difficult for the baby to register on the territory of the father.
Older children have the right to decide for themselves with whom it is better for them to live, as well as on whose territory to make a residence permit. It does not matter if the child is registered in the area of the other parent. The main thing is that registration still exists.
Ideally, it is desirable to take care of her in a week from the moment the birth certificate is issued, as well as when changing the place of residence of the baby. Otherwise, fines for parents for non-compliance with laws are inevitable.
Exceptional case
There are times when a mother simply does not have the opportunity to register a baby on her territory, and the reasons for this are different. The father, however, does not have such an opportunity due to the fact that he is not indicated in the “father” column. Such disputes are resolved exclusively in court. What can be done?
The mother needs to apply to the court to establish paternity to determine the registration of the baby. Upon acceptance of a positive verdict, the birth certificate will be amended accordingly.
Already a legal parent, i.e. the father will be able to prescribe on the territory of the child, after collecting the above documents, also taking an extract from personal account home ownership for submission to the registration authorities.
Is it possible to register a child with the father if the owner does not give consent?
According to the law, ownership of housing doesn't really matter enroll the child if necessary. Parents may not be owners, for example, in the case of a rental property or under a social contract. hiring.
To evict, as well as to register the child, the employer, that is, one of the parents They have no right to. If they are not, then the social contract. hiring requires changes. The exception is rented housing, in which parents live without the right to register and, of course, it is not possible to register a child.
If the property belongs third parties on the right of ownership, their consent for registration is not required. In case of refusal, they will face liability up to eviction and termination of the contract.
Owner has no right rent housing to unregistered persons and children in this case are no exception.
This is considered an offense and fines at the rate of up to 7000 rubles . The Migration Service has the right to apply such penalties, although the child must be registered in any case and without the consent of the owner.
The landlord's consent is required only if re-registration of a minor, also if the owner does not agree to the registration of the newborn. Already on the basis of this refusal, parents have the right go to court, while the consent of the mother when applying to the father is no longer required. It is enough only his presence at the birth of a child.
When parents stay in a civil marriage both parents must be present when deciding on registration. In the case of registration with the mother, the physical presence of the father is not required.
How is the registration of the child to the father?
The law establishes a period for carrying out without registering a child, 1 month, while one statement from the mother will be enough. The terms of registration are not provided by law, however, it is not worth delaying the procedure.
Penalties apply for not registering a baby for both parents. Making monthly allowances maternity capital without registration it will be easy impossible, as well as the acquisition of a policy, other social. services.
To register a child, parents must:
Parents must be present to register in the registry office with the above documents.
In the case of living in a civil (unofficial) marriage, you will first have to prove paternity in court. In the absence of this fact, the baby cannot be registered on its territory due to the lack of official confirmation of his paternity.
If the parents have legalized their bonds by marriage, then there should not be any obstacles for registering the baby to one of them.
To do this, they need:
After submitting the documentation, the passport office staff will issue receipt of documents will then take them into consideration. After a certain time, it remains only to come for documents indicating the place of registration of the baby in the father's apartment.
In fact, the procedure is simple, it is performed on the basis of a birth certificate, possibly an extract from the maternity hospital (when the certificate has not yet been handed out), parents' passports.
In the absence of this registration after 1 month after the birth of the baby, the spouses may be issued an official warning. If the child does not have a residence permit for a long time when the parents live at different addresses - recovery penalties.
Is the opinion of the child taken into account when registering with the father?
When conducting court proceedings to establish the place of registration, as well as inconsistencies on this issue between the parents about the actual place of residence, the resolution of the conflict and the registration of the baby can be dealt with court, where one of the parents must submit a corresponding application.
If the bailiffs deem it necessary the presence of the child at the meeting, as well as listening to his statements and personal opinion, then the opinion of all three parties (in particular, the child) will be taken into account to approve the decision. It is possible that the guardianship service comes forward with a request and comments when the child's opinion on a number of family circumstances requires mandatory listening.
Upon reaching the age of 14, the opinion of children in court to determine the place of registration must be taken into account. If the minor preferred to register with his father, then a decision is made in favor of the child, then the bailiffs check the quality of its implementation.
A child can legally be registered in the territory of both the mother and the father, as well as:
- be a homeowner;
- live with both parents;
- claim an inheritance
- acquire their own housing on the basis of leaving a donation agreement, and the area, size and ownership of the housing do not really matter.
All disputes arising from registration are resolved only through the department of guardianship or the court. Discharging a baby without his knowledge and consent (i.e., to the street) or without providing other (equivalent) housing for registration is illegal, and is not possible.
