Everyday life often develops in such a way that various housing issues have to be addressed. The discharge of underage children is especially problematic. However, according to lawyers, even this obstacle can be overcome by knowing a few significant points.
Instructions
Step 1
Please be aware that the process for discharging a minor child differs depending on the type of ownership of your home. In other words, the procedure for being discharged from public housing has a number of peculiarities. If the child lives and has a residence permit in the apartment of one of the parents, you can send him to the other parent simply by agreement between the spouses. In this case, you need to contact the registration center for citizens by their place of residence and draw up the relevant documents, indicating in the application the reason for the discharge “actual residence at the place of residence of the mother (father)”.
Step 2
Keep in mind that the main thing is that the discharge of the child does not entail a deterioration in living conditions (for example, an extract from a separate dwelling into a communal apartment). The law recognizes this as a violation of the rights of the child. If you need to change your place of residence, go to court and prepare substantiated evidence for this procedure.
Step 3
In any controversial and complex issues, contact your local guardianship and guardianship authorities and get the documented consent of the board of trustees. Without such a resolution, the guardianship authorities have the right to demand the cancellation of the transaction.
Step 4
Please note that the Civil Code of the Russian Federation (Article 20) recognizes the actual registration of one of the parents or legal representatives as the place of residence of children under 14 years of age. Proceeding from this, in the case of discharge of parents from a municipal apartment, the right to living space and their minor children are necessarily deprived. Be that as it may, the discharge is made at the request of the parents or their guardians (adoptive parents).
Step 5
In any case, think carefully about your actions before discharging the child from the apartment. The legislation of the Russian Federation very clearly regulates the protection of the rights of minors.
