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Anonymous users2024-02-07After the divorce, the child can be modified, and there are two situations, first, if the child is a minor, then the consent and cooperation of the south are required; Second, if the child is an adult, he or she can decide to change his surname.
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Anonymous users2024-02-06It is permissible for a child to change his or her surname after a divorce, but it should be agreed upon by both parents and with the consent of the other party.
Legal basis] According to Article 16 of the Marriage Law, children may take their father's surname or their mother's surname. After the birth of a child, the name is generally determined by mutual agreement between the parents, so the change of the child's name should also be agreed upon by both parents.
When parents divorce, neither parent has the right to change the child's name without authorization.
At the same time, in accordance with the relevant spirit of the Supreme People's Court's Reply to the Issue of Changing the Child's Surname (81] Fa Min Zi No. 11), if the divorced parties have not negotiated or reached an agreement through negotiation, and one of the parties requests to change the child's name, the public security organ may refuse to accept it; If one party obtains a change in the child's name because he or she conceals the fact of divorce from the public security organ, if the other party requests that the child's original name be restored and the divorce parties fail to reach a successful negotiation, the public security organ shall restore it.
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Anonymous users2024-02-05It is possible to change the surname, but it is best to ask for the consent of the other person. The Marriage Law stipulates that a child may take either the father's or the mother's surname. Generally speaking, after the birth of a child, the name is determined by mutual agreement between the parents, so the change of the child's name should also be agreed upon by both parents.
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Anonymous users2024-02-04The change of the child's surname must be agreed upon by both husband and wife, otherwise the administrative part will not accept it. Therefore, a wayward female friend who raises her children alone cannot let her children take her own surname, unless the child is born with her own surname.
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Anonymous users2024-02-03If you want to change your child's surname after divorce, you must obtain the consent of your ex-wife (husband), otherwise even if it is changed, the other party can apply for revocation.
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Anonymous users2024-02-02Legal analysis: children can change their surnames after divorce. After the birth of a child, the child's name is determined by mutual agreement between the parents, so the change of the child's name should also be agreed upon by both parents.
Where the parties to the divorce have not negotiated or reached an agreement through negotiation, and one of the parties requests to change the name of the child, the public security organs may refuse to accept it.
Legal basis: "Civil Code of the People's Republic of China" Article 1,000 Limb Fluid 010 Fiber Hunger Belt 5 A natural person shall take the father's or mother's surname, but in any of the following circumstances, a surname may be chosen in addition to the father's surname and the mother's surname:
1) Select the surnames of other lineal elders' blood relatives;
2) The surname of the person who is chosen because he or she is being supported by a person other than the legal person who is the person who is the legal supporter;
3) There are other legitimate reasons that do not violate public order and good customs.
The surnames of natural persons of ethnic minorities may follow the cultural traditions and customs of the Lu ethnic group.
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Anonymous users2024-02-01Legal analysis: Can a child change his surname after a divorce and repentance? Children may take either their father's or their mother's surname.
Generally speaking, after the birth of a child, the name of the child is determined by mutual agreement between the parents, so the change of the child's name should also be agreed upon by both parents. When the parents are divorced, neither parent has the right to change the child's name without authorization.
Where the parties to the divorce have not negotiated or reached an agreement through negotiation, and one of the parties requests to change the names of the children, the public security organs may refuse to accept it; If one party obtains a change in the child's name because he or she conceals the fact of divorce from the public security organ, if the other party requests that the child's original name be restored and the divorce parties fail to reach a successful negotiation, the public security organ shall restore it.
Therefore, if the child changes his surname after the divorce, without the consent of the other party, the parent raising the child has no right to change it alone, and even if it is changed, the other party has the right to sue for the change, and it will have to be changed at that time.
Legal basis: Article 1015 of the Civil Code of the People's Republic of China: Natural persons shall take their father's or mother's surname, but in any of the following circumstances, they may choose a surname other than their father's and mother's surnames:
1) Select the surnames of other lineal elders' blood relatives;
2) The surname of the person who is chosen because he or she is being supported by a person other than the legal person who is the person who is the legal supporter;
3) There are other legitimate reasons that do not violate public order and good customs.
The surnames of natural persons belonging to ethnic minorities may be subject to the cultural traditions and customs of their own ethnic groups.
The age of the child and who is currently living with it has a greater impact on the ownership of custody. Specifically: (1) custody of children under the age of two is generally vested in the mother; (2) For the custody of children between the ages of two and eight, the court mainly refers to who usually takes care of the children more and which party they are currently living with, then the economic conditions of both parties, and finally the academic qualifications, household registration and other factors of both parties to make a comprehensive judgment; (3) The custody of children over the age of eight depends mainly on the opinions of the children, and the court will generally award custody to whom the children express their willingness to live with. >>>More
Judges generally sentence two to four visits a month. In the case of a divorce by mutual agreement, the parties can agree on the issue of the child's visitation rights, and can agree on the specific visitation time, number of visits, and visitation methods. However, in the case of a litigated divorce, the judge will usually ask for the opinions of both parties, and if both parties agree, then it will generally be performed according to the agreed number of visits, and if the parties cannot negotiate, the judge will generally award two to four visits a month.
Children can return to their place of origin, and their children's household registration can rely on their parents.
1. Take your child with you as much as possible.
For children, if they don't raise and don't meet, they will naturally not kiss their mothers, therefore, if they are divorced, if they have the ability to take them away, they must take away their children, and the children are not around, and there is no certainty about anything. >>>More
Legal analysis: 1. Children under the age of two live with the woman in principle. However, if the two parties reach an agreement and there is no adverse effect on the healthy growth of the children, they can also live with the man. >>>More