Very often, life circumstances develop in such a way when the question arises about the discharge of a minor child from the apartment. This procedure is very difficult, but surmountable. And for this you need to know several very important nuances.
Instructions
Step 1
In the case of a child living with one of the parents (for example, with the mother), but having a residence permit in another place (for example, with the father), according to article 20 of the Civil Code of the Russian Federation, the place of residence of minor children under 14 years old is the place of residence their parents, guardians or adoptive parents. In this case, the child can be discharged from the municipal apartment to the other parent. This is done in court or by agreement. In the first case, the consent of the guardianship and guardianship authorities is required, indicating in the statement of claim that the child actually lives with the other parent.
Step 2
In the event that a child is registered in a privatized apartment of one of the parents, it will be quite difficult to dismiss him from it. The desire of the owner of the apartment to discharge the child will not be enough. In this case, you need to contact the courts and use the services of an experienced lawyer.
Step 3
It is very difficult to dismiss a child from the best conditions to the worst. The law considers this to be a violation of the rights of the child. In this case, you also need to go to court and have very compelling arguments for this procedure.
Step 4
If the child has any share in the apartment, then even the parents will not be able to discharge him.
