The question regarding the possibility of a mother's residence at the place of registration of a minor child after a break in relations with her husband is rather complicated. Divorce proceedings do not deprive children of their homes. With adults, however, everything is not so simple.
Child's rights after divorce
According to the law, a child cannot remain unregistered at a certain address. Regardless of which of the parents he will live with after the divorce, the baby should be provided with all the conditions associated with upbringing and a comfortable life.
The need to have a residence permit is mandatory due to the fact that it is a condition for receiving medical care, education, and social benefits.
If the parents cannot peacefully decide on the place of residence of the child, the issue is resolved through a court. In most cases, the judge, when considering a case, proceeds from the level of income and the size of the living space of each parent. In this case, there are two possible solutions:
- The child is left to live with the mother. Then a woman has every right to live with her child at the place of his registration. If she does not have her own living space, registration can be carried out either with relatives (subject to the availability of the necessary square meters), or with her ex-husband (by means of an agreement with him).
- Caring for the child is awarded to the father. In this case, the man himself decides whether his ex-spouse will live with them.
Mother's rights related to the arrival at the place of registration of the child
A divorced spouse can register a child for himself, even if it is a rented apartment. It is more difficult when the baby already has a residence permit, but the parent does not. In this case, in order to move in with the child, you need to obtain permission from the people living there.
If the registration of the child is associated with housing, which is rented out under a social rent agreement, the mother will have to negotiate her move with all family members who are renting the premises. However, the final decision is made by the landlord. In the event of a decrease in the norm of living space for one person, he has the right to refuse a woman's registration.
you can register in privatized housing with the consent of the owner. In an apartment in shared ownership, registration is possible with a positive decision of all owners.
After obtaining the consent of the employers or owners, the woman has the right to register at the child's place of residence. To this end, you should apply with a full package of documents (application, passport, written consent of the owners, confirmation of ownership of real estate) to the registration authority.
