A place of residence is a living space legally assigned to a person, on which he is constantly located, for more than six months a year. The choice of a place of residence is carried out voluntarily by all categories of citizens, including minor children in the event of a divorce.
Instructions
Step 1
If you live in an apartment or house at the place of your permanent registration as an owner or under a sublease agreement for more than 6 months a year, then this living space will be your place of residence. You must register at your place of residence within 7 days from the date of arrival at your new place of residence. Contact your passport officer with a statement, a departure sheet, a passport and a document that is the basis for moving in (lease agreement, certificate of ownership of property, court decision, statement of the owner, etc.).
Step 2
Please note: to register at the place of residence in an apartment or house that is jointly owned, you will also need the consent of all co-owners. And for legal entry into municipal housing - the consent of all registered. However, the consent of either the owners or the employers is not required for the introduction of minors. This is especially true if the child is left with one of the parents after their divorce.
Step 3
If you cannot come to a consensus with your ex-spouse about where your child lives, go to court with a statement of claim. Indicate in the application the name of the court, the full name of the plaintiff and the defendant, the name of the third party (guardianship and guardianship authorities), the full name of the child and his current place of residence.
Step 4
Summarize the essence of the claims (for example, violation of the plaintiff's rights to raise a child, violation of the child's interests, the opportunity for the child to live in more comfortable conditions, etc.). Attach all documents supporting your claim with your application.
Step 5
Do not forget that it will be fundamental for the court not what conditions you can (or cannot) create for the child, but who really of the parents he wants to stay with. The court can ask him about this (if he is already 10 years old) or make such a conclusion based on the testimony of witnesses (relatives, neighbors), photo and video materials, correspondence. However, the court's decision on the child's place of residence must be coordinated with the guardianship and guardianship authorities.
