Sometimes life develops in such a way thatthere is a need to change the name to the child. All mothers have their own reasons for this - it makes no sense to go into details. And after the decision to change the surname is taken, the question arises of the practical side of this process. Is it possible to change the name of the child and what is needed to change the name? Article 59 of the Family Code of the Russian Federation regulating the question of changing the family name or the name of the child states that the name of the child can be changed, subject to the consent of both parents, or one, if the second is deprived of parental rights. And in addition, a child who has reached the age of fourteen, has the right to independently decide on changing the name to the surname of the father or mother. As we see, the consent of both parents is necessary to change the name. And what if the woman is divorced, but the father is not deprived of parental rights? Is the only way to appeal to the court with a statement of claim that the father's parental rights have been revoked? It turns out that it is not necessary. In the event that the mother and father of the child do not live together, the parent with whom the child lives, most often the mother, has the right to change the child's name to her. But for this in most cases, the guardianship and guardianship agencies will require the consent of the second parent - this path is the simplest. Try to find an opportunity and negotiate 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 for a while and talk in a constructive way. Remember that you are adults and reasonable people who are able to negotiate peacefully. Try to explain your request reasonably, and not just "I so want." Try to refrain from negative statements about your husband, even if you decide to change your name to your baby only so that nothing about your ex-wife reminds you of anything. With such statements you will not achieve anything from your ex-wife, except for the reaction of protest. Perhaps the first time you can not come to an agreement. It is not necessary at the end of an unsuccessful conversation to insult a man and angrily slam the door or toss a pipe. By such actions, you "burn all bridges" for retreat and the opportunity to return to the conversation again. But, as you know, the water grinds the stone. And, perhaps, the second or third conversation will bring the expected result. Many mothers refuse even to try to talk with their ex-spouse, believing that this process will take a very long time. However, in fact, as practice shows, carrying out the procedure for changing the surname in court often takes much more time, strength and nerves.
If the agreement did not work out
So, to agree on the good with the father of the childyou, despite all the efforts, failed. What to do next? Can I change the name of the child without his consent? It turns out that there are several situations in which it is possible to deviate from the rules and change the name to the child without the consent of the father. Perhaps, it is these indulgences in the law that can become a loophole through which you will be able to achieve your own and change the name without the consent of your ex-spouse. Such cases include:
- Unknown location of the child's father
The law allows you to change your name tothe mother's name without the consent of the father in the event that his whereabouts are unknown and can not be ascertained. This option may be an option for you if your spouse does not live in the place of his residence. After all, you may not know where it is now, do you? And no one can check this information. However, in the event that your mother-in-law or other relatives of the ex-husband reside in the place of residence permit, there is always a risk that they will have time to give your former spouse a letter from the guardianship and trusteeship agencies.
- Evasion of timely payment of alimony
Another case provided for by law, whichallows you to change the child's name without the consent of his father - is evasion of the maintenance of the child. That's why all lawyers recommend that women be filed for alimony immediately after the divorce, and carefully store all receipts for payment. However, this issue also has its own "pitfalls" - the husband can claim that he gave you money in his hands and brought food, toys or clothes. There are cases when such woes - dad even witnesses managed to bring with them to the trial. Of course, this is an extreme case, but it is necessary to be ready for anything.
- Evasion of child upbringing
Another reason why a change is possiblethe name of the child without the consent of the father is the man's avoidance of participation in the upbringing of the child. 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 upbringing of the child - a man can give a thousand and one super respectful reasons why he could not fulfill his parental responsibilities. However, it still costs to try - very often this reason is the only possibility for a woman to change her child's surname.
It is enough simply to change the name of the child in theIf the child was born out of wedlock, and the surname on the birth certificate was written with the words of a single mother. To do this, a woman must apply with appropriate application to the guardianship and guardianship authorities. And in the event that a child is born out of wedlock, but paternity has been established, a woman can apply to the court with a statement of claim that the establishment is invalid.
What to do?
If at least one of the above causes yousuitable, you must apply with appropriate application to the guardianship and trusteeship agencies located at the place of your residence or residence. The specialists working there should tell you in detail how to change the child's surname. Be prepared to submit all the necessary documents and any other evidence that supports your words. In addition, you will need to write a request to change the child's name without the consent of the father. Do not treat the writing of the application too lightly - the more detailed your statement will describe your situation, and the more reasoned request for changing the name to the child, the higher your chances that the guardianship and trusteeship authorities will take your side and make a positive decision. In the same case, if you still did not manage to convince the guardianship and trusteeship agencies that there is a real need to change the child's surname, you can apply to the court. In the event that 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 and ending with monitoring the execution of the court decision. Otherwise, you will have to do all this yourself. Take care in advance that you can present all the necessary evidence to the court, present witnesses. After the guardianship and trusteeship authorities give you permission to change their last name, you must apply to the registry office where you received your child's birth certificate. There you will write a statement on the model that you will be given in the registrar and attach a decision of the court or body of guardianship and guardianship. After that, you will be given a new birth certificate, with your name. And on this procedure for how to change the name to the child is over. We advise you to read: