Changing the family of the child after the divorce

Changing the family of the child after the divorce

Undoubtedly, divorce is a procedure that significantly changes people’s lives. In addition, changes occur not only in immediate spouses, but also in their children. Depending on the court decision, they can be left with the father or mother. In the second case, the question of changing the name of the child often becomes urgent. It is important that a woman is ready to prove in all possible ways her kinship with the child, and then she will certainly achieve the desired result. To greatly simplify this process, it is recommended to immediately apply to a qualified specialist who will take matters into their own hands.

Necessary set of documents

Of course, the mechanism for changing the name of the child always requires an individual approach and consideration of many unique nuances. But the list of documents, without which it is impossible to change the name, always remains unchanged. It can only be amended according to the new legislative acts, but this happens very, very rarely. The list is as follows:

Documents that can verify the parents’ personal data.

The original of the birth certificate of the child.

Extracts confirming the fact of termination of family ties between parents.
The previous confirmation in the notary’s office of the consent of the second parent to change the name of the common child, executed in writing.

In certain cases, consent, issued by the child, is also notarized.

Other evidence that may be needed during the procedure under consideration.

Legal basis

According to the current norms of the Family Code, it is necessary first of all to uphold the interests of the child, and only then take into account the wishes of the parents. Therefore, the following reasons are distinguished, allowing the change of the surname:

If the child has not yet reached the age of fourteen, then the parents’ consent is sufficient to change the name. They will decide who will be the last name of the child.

In a situation where the parents are already divorced and live separately, a change of name without mutual consent is permitted if the location of one of them can not be established.

If children were born out of wedlock, then they will be given the current surname of their mother.

The child’s wishes are taken into account after reaching the age of ten.

Details of the change in the name of the child

When the required package of documents is collected, it is necessary to transfer it to the competent guardianship authorities. There is a choice between self-transfer and mailing. It is important to note that in order to obtain consent from the board of trustees, it is necessary to substantiate your position competently and reasonably, highlighting the positive aspects of changing the surname, which will definitely benefit the child. Usually, consideration of the case does not take too much time, although there are also complex cases that require close study.

If the response of the commission was satisfactory, then it only remains to apply to the nearest civil registry office for a new birth certificate for the child. According to the procedure, this request is processed within one month, after which the child officially changes his surname.

In a situation where the guardians refuse, it remains only to appeal this decision in court, providing strong evidence showing how much the child needs to change the name. It is worthwhile to clarify that statistically applying to the court for a lot more often ends up positively.
The main thing is to correctly draw up a corresponding claim, and also to build a win-win behavior in court. To do this, you just need to find an experienced lawyer, in whose power will defend you and your interests, having achieved the fastest possible change of name for the child.

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