According to tradition, after the marriage is registered, the couple has one surname, which usually belongs to the husband.
In this case, the baby will receive the same surname at birth. However, sometimes it happens that for various reasons there is a need to change the name of the child.
This process is carried out in accordance with the law, and for the implementation of this procedure it is necessary to have the appropriate grounds and permission of the Board of Trustees.
Consider options for changing the name of the child.
What does the law say?
Article 59 of the RF IC stipulatesthat it is possible to change a child’s last name only in case of consent of each of the parents or one, if the second is deprived of parental rights. In addition, a teenager who is already 14 years old has every right to choose for himself what surname he should take - father or mother.
As you can see, in order to change the surname, the consent of each of the parents is required. But what if the woman is divorced, and the father is a full parent. As it turns out, in this case there are also options.
Amicable resolution of the issue
If the spouses do not live together, then the parent living with the child (often this is the mother) has the right to change the baby’s surname to his own. However, in order to obtain this right, more often all guardianship authorities and the board of trustees will require the consent of the other parent - this option is the simplest among all. That is, if there is the possibility of an amicable arrangement with the former spouse, then it is better to choose this particular path.
Naturally, very often there are times when this task may seem very difficult. But you need to try not to mention past grievances or your own ambitions in a conversation, but to translate the conversation into a constructive direction. Do not forget that you are adults, and there is always the possibility of an amicable arrangement even when it seems to be something supernatural. You need to try to clarify the problem with all possible arguments and arguments, and not "I really want a point." Try to refrain at least for a while from negativity and curses against your ex-spouse, even if you only need to change your name so that nothing else reminds of him (her). Otherwise, you can receive a categorical refusal, and the problem may still remain unresolved.
There are times that one attempt to reach a common agreement is not enough. However, there is no need to immediately switch to angry abuse and insults. Such actions may permanently close the way for a future attempt to return to this topic. Therefore, try to keep the situation under control even in the case of a negative answer, and after a while you can try again, it is possible that they will become successful.
Most women do not even dare to try to agree with their ex-husband, believing that this process can drag on for a long time. But practice shows that the trial, most often, the process is much more complex and lengthy than an amicable agreement.
What if I couldn’t agree?
If it so happened that there would be no amicable arrangement, what should one do in that case? As it turns out, there are exceptions in which you can dare the name of the child without the consent of the second parent.
Unknown location of spouse.
The law states that a change in the name of the child is possible if the whereabouts of the spouse is unknown and it is impossible to determine it. This option may be considered if your ex-husband does not live at the place of registration. However, if someone from the family of the former spouse lives at the place of registration, there is a possibility that they can deliver him a letter from the guardianship authorities in time.
Evasion of child support.
There is another option, which is also provided for by the law, which states that the reason for changing the surname may be to avoid paying alimony. Just for this reason, every lawyer advises a woman to apply for child support immediately after the marriage is broken, and keep the receipts of payment carefully. But there are also options here - the former spouse can convince the court that he transferred the funds in cash to his hands, clothes or toys, so you need to be prepared for any development of events.
Evasion of raising a child.
Also, the reason for the change of surname may be the non-participation of the former spouse in the upbringing of the baby. But this situation is very arbitrary, and there can be a lot of options, the decision of the commission or court may be different. The fact is that it is rather difficult to present clear evidence that a man does not participate in the upbringing of the baby in any way, and this is far from always possible, because almost every man can find at least several reasons why he can convince the court otherwise. But you still need to try, since quite often it is thanks to this reason that it is possible to resolve the issue in your favor.
Bastardy
In this case, everything is extremely simple - if the name of the mother was written in the birth certificate of the baby, then after contacting the guardianship authorities with a statement to her, by going to court with a lawsuit, it will almost certainly be possible to achieve recognition of the establishment as invalid.
How to change the name of the child after the establishment of paternity?
If it was not possible to establish paternity during the registration of an illegitimate child, the baby is automatically given the surname of the mother. If the father has a desire to change the child's last name to his own, the couple should submit a general application at the time of registration. Cases are quite common when a couple living in a common-law marriage replaces the child's surname with the father's. In this case, paternity must first be confirmed at the official level, and only after that it is necessary to submit an application.
Change of a surname of the child after divorce
After the divorce, the child almost always stays with the mother, who wants to change the name of the child to her maiden. You can do this, but for this you will definitely need the written consent of the father, and from the age of 10, the child himself. It is possible to carry out this procedure without the consent of the father, but if there are no good reasons for this, the court will most likely remain on his side.
Can a child change his last name without the consent of his father?
You can change the baby's last name to the mother's maiden name in such cases:
1) the father does not knowingly participate in the upbringing of the baby and evades child support;
2) he does not have rights to the child;
3) is recognized as legally incompetent due to any mental deviations;
4) the whereabouts of the father are unknown.
How to change a child's last name: list of documents
Thus, to change the name of the baby should submit the following documents:
- a statement from both parents, upon reaching 10 years - and the child himself;
- The original and a copy of the birth certificate;
- divorce certificate.
Situations are quite common when, after re-marriage, women have a desire to rewrite the name of the child to the name of the new husband. However, this can only be done if the father of the baby agrees. If he is actively involved in the life of the child and regularly pays alimony, then this is not possible.
