Sometimes life turns out in such a way thatthere is a need to change the child's surname. All mothers have their own reasons for this - there is no point in going into details. And after the decision to change the surname has been made, the question of the practical side of this process arises. Is it possible to change the child's surname and what is necessary to change the surname? Article 59 of the Family Code of the Russian Federation, which regulates the issue of changing the surname or name of a child, states that the child's surname can be changed subject to the consent of both parents, or one, if the second is deprived of parental rights. In addition, a child who has reached the age of fourteen has the right to independently decide to change his surname to the surname of the father or mother. As we can see, the consent of both parents is necessary to change the surname. But what to do if the woman is divorced, but the father has not been deprived of parental rights? Is the only way to go to court with a statement of claim to deprive the father of parental rights? It turns out that it is not at all necessary. If the child's mother and father do not live together, the parent with whom the child lives - most often the mother - has the right to change the child's surname to their own. But in most cases, the guardianship and trusteeship authorities will require the consent of the other parent for this - this is the easiest way. Try to find an opportunity and come to an agreement with your ex-spouse. Of course, at first glance, this task may seem almost impossible. However, try to leave all your personal ambitions and grievances aside for the duration of the conversation and conduct the conversation in a constructive manner. Remember that you are adults and reasonable people who are able to come to an agreement calmly. Try to explain your request with arguments, and not just "I want it this way." Try to refrain from negative statements about your husband, even if you decided to change your baby's surname only so that absolutely nothing would remind you of your ex-husband. With such statements, you will achieve absolutely nothing from your ex-spouse except a protest reaction. Perhaps you will not be able to come to an agreement the first time. You should not insult the man and angrily slam the door or throw down the phone at the end of an unsuccessful conversation. By doing so, you “burn all bridges” for retreat and the opportunity to return to the conversation again. But, as we know, water wears away a stone. And perhaps the second or third conversation will bring the expected result. Many mothers refuse to even try to talk to their ex-husband, believing that this process will take a very long time. However, in reality, as practice shows, the procedure for changing a surname in court often takes much more time, effort and nerves.
If the agreement did not work out
So, come to a good agreement with your fatheryou have failed to change the child, despite all your efforts. What to do next? Is it possible to change the child's surname without his consent? It turns out that there are several situations in which it is possible to deviate from the rules and change the child's surname without the father's consent. Perhaps these very relaxations in the law can become the loophole with which you will be able to achieve your goal and change the surname without the consent of your ex-spouse. Such cases include:
- Unknown location of the child's father
The law allows changing a child's surname tomother's surname without the father's consent if his whereabouts are unknown and it is not possible to establish them. This option may be a way out for you if your spouse does not live at his registered address. After all, you may not know where he is now, right? And no one will be able to verify this information. However, if your mother-in-law or other relatives of your ex-husband live at his registered address, there is always a risk that they will manage to give your ex-spouse a letter from the guardianship and trusteeship authorities in a timely manner.
- Evasion of timely payment of alimony
Another case provided by law,which allows changing a child's surname without the consent of his father is evasion of child support. That is why all lawyers recommend that women file for alimony immediately after a divorce and carefully keep all receipts for payment. However, this issue also has its own "pitfalls" - the husband can claim that he gave you money in hand and brought food, toys or clothes. There are cases when such grief-fathers even managed to bring witnesses with them to the trial. Of course, this is an extreme case, but you need to be prepared for anything.
- Evasion of child upbringing
Another reason why a change is possiblethe child's surname without the father's consent is the man's evasion of participation in the child's upbringing. However, in this case, everything is very conditional and the outcome depends solely on the subjective vision of your situation through the eyes of a special commission or judge. Agree, it is far from always possible to prove that the father does not take any part in the child's upbringing - a man can give a thousand and one super-valid reasons why he could not fulfill his parental responsibilities. However, it is still worth trying - very often this reason is the only opportunity for a woman to change her child's surname.
- Bastardy
It is enough to simply change the child's surname in thatif the child was born out of wedlock, and the surname on the birth certificate was written down based on the words of the single mother. To do this, the woman must apply with a corresponding statement to the guardianship and trusteeship authorities. And in the event that the child was born out of wedlock, but paternity was established, the woman can apply to the court with a statement of claim to recognize the establishment as invalid.
What to do?
If at least one of the above reasonssuits you, you must apply with the appropriate application to the guardianship and trusteeship authorities located at the place of your registration or residence of the child. The specialists working there should tell you in detail how to change the child's surname. Be prepared to present all the necessary documents and any other evidence confirming your words. In addition, you will need to write an application with a request to change the child's surname without the consent of the father. Do not treat writing an application too frivolously - the more detailed the application describes your situation, and the more reasoned the request to change the child's surname, the higher your chances are that the guardianship and trusteeship authorities will take your side and make a positive decision. In the same case, if you still fail to convince the guardianship and trusteeship authorities that there is a real need to change the child's surname, you can go to court. If you have the opportunity, it is advisable to contact an experienced family lawyer who will take care of everything, from writing the statement of claim to monitoring the execution of the court decision. Otherwise, you will have to do it all yourself. Make sure in advance that you can present the court with all the necessary evidence and present witnesses. After the guardianship and trusteeship authorities give you permission to change your surname, you must contact the registry office where you received your child's birth certificate. There you will write an application according to the sample that they give you at the registry office and attach the decision of the court or the guardianship and trusteeship authority. After that, you will be given a new birth certificate with your surname. And this completes the procedure for changing a child's surname. We recommend reading:
