In some families, according to circumstances, divorce becomes inevitable. Determination of the place of residence of the child Until recently, it was not a particular problem. Some time ago it was believed that it was always better if he stayed with his mother. At the same time, paternal rights were in the second position.
Modern realities
Undoubtedly, children, regardless of whether the marriage is saved or not, need affection and care, constant communication. The mere fact that a woman is a mother does not mean that she is able to give more than her father. Today, many women are in no hurry to tie themselves up in marriage, striving to make a successful career. As practice shows, determining the place of residence of children after divorce through negotiations between parents and the conclusion of an agreement has a beneficial effect on the psychological state of the child and on attitude towards others. If the relationship of the parents is kept good, it will help the son or daughter to more easily survive the separation from one of them.
Legal aspect
According to paragraph 3, Article 65 of the IC of the Russian Federation, the establishment of the child’s place of residence is carried out in accordance with the agreement of the parents. However, it is not always possible to reach such an agreement. In this case, one of the parents filed a lawsuit. In the case of drawing up the requirements according to the existing procedure, the authorized instance considers them. In the end, she makes a decision about where the child will be living. When resolving a dispute, the court takes into account the opinions and interests of minors. This provision is recorded in Art. 24, p. 2 SK. 
The basis for the initiation of proceedings
It is a statement. The determination of the child’s place of residence acts as a claim. It must be supported by evidence. The claim is filed by the parent, who claims to transfer the child to him, to the district authority at the place of registration of the defendant.
When can I apply?
Determination of the place of residence of children is carried out:
- During marriage.
- When the father and mother are separated.
- After the termination of the union.
- In the process of divorce.
Important circumstances
The determination of the place of residence of children by the authorized authority is carried out taking into account:
- Personal and moral qualities of parents.
- Age of children.
- Affections of minors to each other and to father and mother.
- The relationship existing between each parent and child.
- Opportunities for creating the necessary conditions for the upbringing and development of minors. In particular, this refers to the nature and mode of work of parents, their marital and material status, as well as their state of health.
- Other circumstances characterizing the situation that has formed in the place of residence of the father or mother. For example, one of the parents has no bad habits, one alone shows more attention and care for children, and so on.
Establishing Attachment to Parents
In the process of resolving disputes, the subject of which is the place of residence of a minor child, it is advisable to identify the psychological preferences of the minor in relation to one of the adults. For this, a special examination is appointed. As an alternative, a psychologist may be involved. He, at the request of the court, prepares an appropriate opinion.
Taking into account the opinions of minors
The children’s thoughts about who they would like to stay with are voiced by themselves directly at the meeting.Legislation allows for conversations outside the hearing. In this case, representatives speak with the child guardianship authority educators or educators. Before inviting a minor to the meeting room, it is necessary to find out whether this circumstance will have a negative impact on him. With a request to find out, the court turns to the authority of guardianship and guardianship. The conversation with the child in the meeting room is carried out in the absence of parents. This is necessary to prevent any effect on the child. However, a teacher and a representative of the guardianship and guardianship authority should be present during the hearing. The court needs to find out all the reasons for which the minor adheres to one or another opinion. 
Proof of
The determination of the place of residence of children is carried out taking into account various characteristics of both parents and minors. In particular, papers are provided from places of work, about salaries and incomes, from neuropsychiatric, narcological, tuberculosis dispensaries about whether or not a mother or father is registered.
In addition, social, production, service characteristics for parents, papers from an educational institution, development center, school, preschool educational institution, a certificate of the child’s place of residence, as well as documents from social protection and a medical institution (clinics where a minor is registered). Of particular importance in the proceedings are witness statements. They are not transmitted in writing. Witnesses come to the courtroom and verbally testify. Among other things, the court often asks for information about whether one of the parents was held administratively or criminally liable, whether one of them has a criminal record.
Identify opportunities to create the necessary conditions
The court needs to find out what kind of attention is paid to the child by each parent, whether he receives medical care in a timely manner. Particular attention is paid to the room where the infant sleeps, plays, is engaged. The court must also consider the child’s usual social circle. These are, in particular, neighbors, friends and so on. Of considerable importance in creating the necessary conditions for the upbringing and maintenance of the child is the material and marital status of the parents. Staying in the same room with relatives or having a new marriage can play a significant role. As for the material status, in accordance with the current legislation, the advantage of one of the parents in this regard does not act as an unconditional basis for satisfying the requirements. 
New rules
Since May 2011, the determination of the place of residence of children can be carried out for the period of the proceedings and until the entry into force of the decision. An authorized authority may issue such a decision at the request of the parent. However, there must be a mandatory positive opinion from the authority of guardianship and guardianship.
Specialist participation
The court must obligatorily involve representatives of the guardianship and guardianship body in the proceedings. The conclusion of this instance on the merits, as well as the act of examining the conditions in which minors and their parents are, are of great importance for making a final decision. The papers provided by the authority of guardianship and guardianship must contain the following information:
- Characterization of the relationship between father and mother.
- Personal qualities of parents.
- The nature of the relationship between mother and father separately with the child.
- The opinion of the representative of the body about the likelihood of whether one of the parents can cause psychological trauma to the minor.
- Data on the results of the conversation of children with representatives of the guardianship authority and guardianship.
- The opinion of experts about with whom it is more advisable for a minor to stay.
These findings are assessed by the court in conjunction with the rest of the evidence provided. If the authorized instance does not agree with the conclusions of the representatives of the trusteeship and guardianship authority, then the decision should include the motives that formed its basis. 
Denied parent's rights
In accordance with the law, he has the opportunity to see, communicate with the child, participate in his upbringing, address issues related to his education, development, content. If the other parent somehow prevents this, then you can file a lawsuit. The request should be asked to establish the order of communication with the child. The second parent has no right to prevent this. An exception may be the case if communication can cause psychoemotional trauma, damage to the child’s health or moral development.
Important point
A lawsuit on determining the place of residence of children from one of the parents can be considered more than once. This is due to the fact that family ties are considered a continuing legal relationship. In this connection, the court is not entitled to refuse to accept the new claim due to the fact that the same dispute was considered earlier between the same participants.
Parental responsibility
If the mother or father does not comply with the decision made by the authorized authority, the law provides for appropriate penalties. So, in case of malicious evasion of one of the parents from the execution of the decision, the competent authority at the request of the party living separately has the right to adopt a decision on the transfer of the minor to her.
Registration of the child at the place of residence
She has a number of features that distinguish her from a similar procedure for an adult citizen. Registration of a child at the place of residence is important when enrolling him in an educational institution, receiving benefits, maternity capital and other compensations. Registration at the OUFMS is mandatory. The registration of the child must be made no later than seven days from the start of his stay in the room. Otherwise, a fine may be imposed on the parent or responsible person (from 2 to 2.5 thousand rubles). This also applies to parents of newborns. If they do not register a child within a week from the date of receipt of the birth certificate.
Required documents
To register the child at the place of residence, certain papers should be provided. In particular, the first document will be the birth certificate or passport of a minor citizen. An appropriate application for registration is also filed. Another necessary document will be the passport of an adult citizen, in the room to which the child is registered. Mandatory paper is the consent of the second parent to register the minor citizen at this address (in case of their separate residence). In this case, the passport of the second adult is added to the general package of documents. The need for consent is recorded in Art. 65, part 3 of the UK. 
Limitations
In the absence of a passport for a child who has reached the age of 14 (due to untimely receipt or due to loss), if it is invalid (due to damage), registration with a birth certificate is not possible. These restrictions are provided for in the relevant Registration Rules at the OUFMS. It is not allowed to register in the apartment of a minor citizen on a passport or temporary certificate.
additional information
Registration in an apartment owned by third parties is carried out without the consent of the owners. No consent is required from the employer, landlord, if the minor citizen arrived with a parent, guardian or adoptive parent in the premises of a specialized, municipal or state fund.Registration of a newborn at the place of residence and registration of the father and mother (or both) is also carried out without any consent. When carrying out the above procedures, there is no need to provide title documents for the property.
Special cases
The legislation provides for the registration of children who have reached the age of 14, separately from their parents or legal representatives. In this case, papers similar to those needed when registering an adult citizen should be provided. In addition, you must have the consent of one of the parents or the legal representative (adoptive parent, guardian). The latter is submitted in writing. The law does not provide for the possibility of registering children under 14 years old separately from their parents (representatives).
Finally
Upon completion of registration of a permanent registration for a child under 14 years of age, a corresponding certificate is issued, having reached the specified age, a stamp with an address is put in the passport. Until 2008, other rules were in force. In accordance with them, this certificate was not issued. A record in the house book or a special card was used as confirmation of the child’s registration. These papers included information about a minor citizen. If registration was carried out during the validity period of this procedure, then confirmation of this circumstance by a certificate is not required.
