How to discharge a minor child from an apartment

What is needed for this to be legal?

The need to carry out this operation arises due to the following events:

moving to another apartment or another city, country;
divorce of guardians;
purchasing a new living space and selling the old one.

If the parents do not provide their offspring with another place of registration and residence, then deregistration is prohibited . This rule provides a young child with protection of his rights.

The procedure for deregistration will depend on many factors. The main ones are the form of ownership of the living space (municipal or privatized), the presence of written permission from the guardianship authorities for such an operation, as well as the age of the subject.

Thus, the deregistration of children under 14 years of age and the deregistration of adolescents from 14 to 18 years of age are not fundamentally different; the fundamental difference is only in the need to live with their parents. A minor (under 14 years of age) must strictly live with his parents, unless otherwise decided by the court (deprivation of parental rights). A teenager between 14 and 18 years old is not subject to such an obligation.

IMPORTANT! The procedure for deregistration does not depend on whether the child is the homeowner’s own or not.

How to sign a person out through the portal?

It is impossible to sign a stranger out of your apartment through the public services portal. Unfortunately, this service is not provided electronically. The discharge of strangers must be carried out upon their personal visit to the passport office or MFC. If the owner wants to write a person out of his living space, but this person does not make concessions, then deregistration must occur through the court .

However, there are exceptions to every rule. In this case, this exception applies to deceased relatives, people whose official representative is the applicant and his minor children.

Evicting a child

In order to discharge a child from an apartment through the government services website, you just need to fill out the appropriate column in the proposed electronic window. Before this, you should visit the guardianship authorities and obtain a certificate from them stating that they have no objections to the child’s relocation.

When registering a new place of residence for a child, it is necessary that one of his parents register at the same address.

When visiting the passport office, the child’s legal representative, in addition to the minor’s passport, will need to present the child’s birth certificate or passport and a certificate from the state guardianship authorities.

Legal basis

The legislative framework for the protection of children's rights is structured and deeply thought out.

Any violation of the law entails serious consequences. In order to competently discharge a minor, it is strongly recommended that you first thoroughly study the regulations and documents devoted to this.

In particular, the following standards should be followed:

Art. 20 of the Civil Code of the Russian Federation regulates the main provision for eliminating the registration of children - in any circumstances (moving, dividing an apartment, etc.) the child must live with at least one of the parents.
The RF IC fully ensures the protection of the personal rights of children, including the issue of living with guardians.
The Housing Code of the Russian Federation establishes general standards for living space per person, including the standard for children. These standards must be observed when a minor moves to a new apartment.

Also, the Housing Code of the Russian Federation establishes a provision according to which a subject under 18 can be registered without the consent of the owner.

The Convention on the Rights of Children is an international normative act that defines the rights of children and ways to protect them.

There is a list of special Decrees of the Government of the Russian Federation and Federal laws that regulate the activities of employees of passport offices and other institutions working with children.

When a person reaches 14 years of age, he continues to be considered a minor. His rights and the protection of such rights are ensured by the same regulations as in the case of children under 14. Only upon reaching 18 years of age is a person considered an adult.

Where can I apply for a minor's discharge?

To begin the discharge process, you need to be informed which authority to submit documents to.

Thus, a person has the right to apply to:

Housing department, passport office, etc. The package of documents required by the institution is standard;
department of the multifunctional center (MFC). You must choose a branch at your place of actual residence. The entire package of papers must be submitted at once;
migration service office.

If the receipt and removal of registration coincide in time, the package of papers is sent only to the new address.

A citizen also has the right to use the Internet portal “State Services”. In this case, the papers are submitted electronically, and the required application is filled out on the website.

The only time (if no additional nuances arise) when the family will need to appear at the migration service office is to verify the original documents and their electronic copies. After this, the final decision is made.

Is it possible to check out of an apartment through State Services?

Before considering the issue of remote discharge, you should refer to the provisions of the law. The procedure for deregistration is enshrined in PP No. 713 dated July 17, 1995. It has been established that citizens can use an extract from an apartment through State Services. At its core, this is an alternative option to visiting the migration office.

The convenience of the portal is the provision of up-to-date information. When ordering an apartment checkout, the user receives information about the readiness of the service. Notifications come in the form of SMS messages or email. Below we will look at the instructions for extracting and registering at a new address.

If it’s easier for you to go to the MFC in person, read our instructions in the article “Registration and check-out from the apartment.”

Required documents

Issues of registration and provision of living space for the offspring are dealt with by his immediate guardians. They are also responsible for providing papers to the civil service.

What documents are needed to obtain an extract? So, it is necessary to collect the following positions:

Application for discharge. It is drawn up by a teenager if he has reached the age of 14, and by guardians if he is under 14 years of age.
Identity card of a minor.
Identification cards of primary caregivers.
Papers confirming the family’s legal ability to live at a specific address: social rent agreement or title papers for real estate.
Technical passports of both real estate units.
House book and departure sheet.
Written permission from the guardianship authorities to cancel the child’s registration.
Additional papers if the situation requires it.

The last point implies some additional information, depending on the type of ownership of the property and the status of the teenager (whether he is the owner, sole owner or not).

To obtain the consent of the social service, they also need to send an application and a package of papers. Namely:

Applicant's identity card.
Identity card of a minor citizen.
Papers for the current living space.
Papers for a new living space.
Technical passports of the new home.
Personal account, which can be obtained at the passport office.
A certificate with a list of persons who will also be registered at the new address.

How to remove a minor from registration

As noted earlier, the procedure depends on the form of ownership of real estate. Some rules for the discharge of a minor depend on this.

The procedure for discharging a minor does not depend on whether you are discharging your own or someone else’s child.

It is worth understanding that without the consent of the child’s parents, it will not be possible to remove him from the registration register.

When an object is privatized, it is necessary to establish whether the minor is the owner of at least a certain part of the property.

If he is the owner of at least some part of the home, then the parents undertake to settle in the acquired property as soon as possible and provide documented rights to the new home. Written consent to the procedure from all other owners of living space and social services is also required.

In the situation with a state apartment, the conditions are simplified. Then the application simply indicates the expected address where the family plans to move.

You can discharge a minor following the sale of a privatized apartment in which the child owned part of the living space in accordance with the following algorithm of actions:

First of all, a certificate containing a list of persons registered in the living space is provided. This paper can be obtained from the passport officer.
Based on the certificate, both guardians (even if their marriage is annulled) are sent to the guardianship authorities with a request for permission to move the offspring. When a teenager turns 14, he will have to report to the service together with his guardians.
Then, if there are no complaints, a permit is issued after two weeks.

Parents have the right to initiate a home sale transaction.
After completing the purchase of a home, the child is deregistered at the old place of residence and is registered in a new home.
Then you need to go to the migration service authorities. Based on the documents submitted to the Department of Internal Affairs of the Ministry of Internal Affairs, in a week the family will be issued a departure sheet.

If the deregistration occurs from an apartment in which the child does not own property, the procedure will be simplified. Then the parents draw up technical documentation for the new property, skipping the stage of obtaining permission from the social authority.

Actions after submission

We found out how to check out of an apartment while in another city through State Services. What to do next?

Your application is processed within 3 business days . Then an invitation comes to visit the FMS office. You need to come there within 3 days along with all the necessary documents.

In case of failure to appear, the application will be cancelled . In this case, it will have to be submitted again.

Sometimes applications are not accepted . Then you need to personally contact the FMS. At the department, they check the compliance of the entered data and give you the opportunity to sign the departure form. Then they put a stamp in the passport indicating deregistration.

Application for discharge

When a citizen is under 14, the application is submitted by his parents. The presence of a child is not necessary. When a citizen is over 14, the application is submitted by him personally, but subject to the consent of his guardians.

The document must indicate:

Full name of the Department of Internal Affairs of the Department of the Ministry of Internal Affairs at the place of current residence (that is, where the child is being discharged from).
Information about the minor (his name, date of birth).
Passport information or information from your birth certificate.
Information about the minor's parents or guardians.
Address of the home from which the child is being discharged.
The address of the home where you are registering.
The main text containing a request to cancel the registration at the current address and register it for a new property.
Date and signature. The signature of the guardians if the child is under 14, and the signature of the parents and the subject if the child is over 14.

Below is a sample application for discharge of a minor child:

Here you can.

How to register a newborn child through the State Services website

The legislation of the Russian Federation does not regulate the period during which it is necessary to obtain registration for a newborn. At the same time, there are many situations when registration will definitely come in handy, for example, when receiving a compulsory medical insurance policy for a child, when visiting a clinic, or when placing a child on a waiting list for kindergarten. Therefore, it is very important to register a newborn as quickly as possible. The opportunity to register appears immediately after the issuance of a birth certificate, which must be obtained before the child turns 1 month old. Fortunately for young mothers and fathers, there is now no need to visit the FMS several times and waste time waiting in line. Now there is a wonderful opportunity to register a newborn child through the State Services portal.

Next, you will need to indicate which document is the basis for registering the newborn. Be sure to fill out the details of this document;
Indicate whether the child has citizenship of another state. In the case when the child was born in Russia, you need to select “No”;
Next, you need to enter additional information about the registered person;
Then indicate whether anyone from the family of the service recipient lives at this address;
Determine the passport office that is most convenient for visiting;
If you agree to the processing of personal data, you should check the boxes and click the blue “Submit” button.

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The procedure for discharging a minor citizen through State Services

The procedure for discharging a child through the State Services website involves performing the following actions:

Go to the website and enter the required login information.
You must click on “Public Services” indicated on the screen.

After clicking on the link, you must select the column “All services (by department)” .

Select the migration service column.

Then you need to find the tab that talks about registration accounting.

You must select the column that says deregistration .

After selecting the column, you must click on the “Get service” .

After this, the site prompts the user to agree to the rules of the portal, as well as to agree to the use of personal information about the subject.

Then the actual process of deregistration begins.
In the next window, the citizen is asked to enter passport characteristics. If the child is over 14, then the information is entered in accordance with the information in his passport. If he is under 14, the information must be entered based on the certificate.

Then you should fill out the proposed questionnaire .

Then the citizen must determine the nearest department of the Department of Internal Affairs of the Ministry of Internal Affairs or MFC , as well as a convenient method of notification.

After this, you need to click on the “Submit Application” .

This completes the procedure. After notifying the subject about the completion of data processing, the family needs to appear at the selected government agency to verify documents and receive a decision.

How to discharge a child from an apartment through government services

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Nuances of the process of deregistration of a minor citizen

The nuances of this process include:

The new housing is larger than the previous one. The guardianship authorities will approve such an acquisition.

However, when registering property, such part of the area must be registered in the name of the child, the volume of which will be at least the same as in the previous place.

Living conditions should be better than in the previous place of residence.
If, after the sale of the previous living space, the purchase of a new apartment has been delayed , then the amount of funds that will be equal to his share must be deposited into the bank account of a minor.
When changing place of residence, the child almost always changes educational institution. Guardianship officials will ask the minor what he thinks about this.
When a citizen under 18 years of age was discharged without the approval of a social authority, it is possible to restore registration with the help of the court.
A teenager who has reached the age of 14 has the right to deregister at his current address only by personal expression of will.

Thus, deregistering a minor is a complex legal operation that requires high awareness of the legislative framework and the nuances of such a process. It is highly recommended that you consult with an attorney before attempting to discharge yourself.

How to check out and register through State Services?

Submission of remote applications is available only to authorized users of the Unified State and Municipal Services portal. If you do not yet have a Personal Account on the site, you need to create one. Registration is not particularly difficult - everything looks quite transparent and takes 3-5 minutes. Prepare your passport, SNILS and INN - the system will tell you how to create a login and password to enter the portal.

Extract and registration through State Services are two different procedures. Before registering at a new address, you need to deregister from your old apartment. Therefore, we begin the process through State Services with an extract.

Instructions for leaving the apartment

Step-by-step instructions on how to check out of an apartment will help you fill out all the fields of the electronic form and upload documents. So, let's begin:

Go to the State Services website and click on the item on the right “ Personal Account ” (with a blue key). You will see a login form to the site. Enter login and password. If you have forgotten your password, request it via the “Recover Password” link (a message with further instructions will be sent to your email or mobile phone).

Open the menu on the main page ".

Open it with a mouse click, and then select “ Removing a citizen from registration at the place of residence ” (or stay).

The page that opens contains all the information about the service provided. For example, you can find out about the terms of the statement – 3 working days, the cost of the service – free, etc. Oh and click on the blue “ Get service ” button.

An electronic application form for deregistration will open in front of you. Take your time to fill out personal information, pay attention to ALL fields. Most likely, your full name and passport details will be registered automatically (after registering on the site).
In the “ Applicant Type ” field, select the first option. If you are deregistering a child under 14 years of age (not older), then select the third item.