In anticipation of the birth of a baby, few parents think about the fulfillment of all the formalities associated with this happy event. But the time in which we live implies the fulfillment of certain obligations specified in the constitution and legislation of any country. The question of propiska for many is very acute. Often parents do not know whether to register a minor child, whether it is possible to not register a child, where and where it is better to prescribe a child, and what documents are needed for this. Similarly, when faced with problematic situations, many are unaware of their rights and the rights of the child registered in the apartment. If there are problems that may affect the interests of the child in the future, it is better to turn to a good lawyer, but initially parents should know what is provided by the law, regarding the issue of residence registration and rights to living space.
Where and how to prescribe a newborn baby?
The question of whether a child needs a residence permit is especially relevant in case of problems with living space. For example, it is planned to sell or exchange housing, or the owners of the apartment, in which the parents are registered against the propiska of the child. Under the law, the child must be registered within 10 days from the date of birth, registering children at the place of residence of one of the parents. Legislation of Russia and Ukraine provides for a fine if the child is not registered anywhere, the size of which depends on the length of residence without registration. To register a child in an apartment without the consent of the owner under the law of Ukraine can be up to 10 years, and under the law of Russia to 14 years, if there is consent of the parents and one of them there is registered. Under Russian laws, children are prescribed only at the place of residence of parents. Under Ukrainian law, it is possible to register a child without parents in a privatized apartment, but only with the consent of the owners. In order to register the mother to the child, the consent of the apartment owners will also be required.
To sell an apartment in which a child is registered, the permission of the guardian council is necessary. The authorization is issued upon presenting evidence that the rights of the child will not be infringed. For example, the child can be temporarily registered with his grandmother, or other close relatives, the council can not allow if the housing conditions of the new place of residence are worse, less living space, or the status of the living space changes.
Parents should discuss in advance where and how to prescribe a newborn child in order to avoid problems later. Usually the child is prescribed to the mother, but with the consent of the parents, it can be prescribed elsewhere. To do this, you will need a certificate stating that the husband did not register the child at home, and the standard set of documents necessary for propiska. Before registering a minor child, the father will need the consent of the mother, a certificate stating that the child is not registered with her, and, possibly, the permission of the guardianship council if the child was previously registered in another apartment.
A minor child registered in an apartment has the rights to its part, if this part is the property of the parents, under the law providing for the rights of the child to the property of the parents. If the parents are renters, then the child has the same hiring rights, and it is impossible to write it out without the permission of the guardian council.
How to register an underage child with a mother without the consent of the father?
In case of divorce, the issue of the registration of the child is resolved either by agreement of the parents or by a court order. Most often the child remains with the mother, and, unfortunately, the situation is widespread when the father does not give permission to register the child for the mother. In some cases, to resolve the issue it is enough to order the court, as to who the child will live with. But sometimes it is required to prove that by its actions the parent causes harm to the child and infringes on his rights. In order to solve such a question in favor of the child, it is better to turn to a good lawyer who will determine the procedure for dealing with a specific situation.
Parents should understand that registering a child is compliance with their legal rights to own property or to rent a living space. The laws of each state provide for the protection of children from the illegal actions of adults. In all situations that threaten the rights of the child, it is necessary to contact the guardianship council or other protection bodies.