My ex husband and I divorced when our children were less than 7 months old, can I change my surname

Hello: 1. First of all, there is no such thing as "separation from paternity" in the law, because the blood relationship is strictly protected by the law, and it is absolutely not feasible to "apply for him and the baby to break away from the paternity" because of the change of parents' divorce and remarriage.

2. Generally speaking, the law does not allow casual change of surname (not to change to stepfather's surname); You can only change your child's last name to yours, which is not opposed by law and your ex-husband continues to be responsible for child support on the following basis:

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in the Trial of Divorce Cases by the People's Courts

Article 19 states: "Parents shall not refuse to pay child support for a child because of a change of surname. If a dispute arises by one of the parents changing the child's surname to the stepmother's or stepfather's surname without authorization, the parent shall be ordered to restore the original surname. ”

Articles 7 to 11 of the Supreme People's Court's Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts.

Hope mine can help you!

Don't change it, you can't change the father-son relationship that has become a fact, and the biological father of any child is your ex-husband, and he is the only result of you and your ex-husband.

History cannot be forgotten.

First of all, no matter what the child's surname is, he has this obligation to pay child support, so if it is not paid, you still have to resort to legal means. Secondly, your son can also change his surname, it is best to negotiate with your ex-husband and see his attitude before deciding.

The son's name has nothing to do with child support, and if he can change his surname, he must go to the hospital to issue a certificate and reopen a birth certificate.

Legal Analysis: This is possible. 1. Within one month after the birth of the baby, the head of the household, relatives, caregivers or neighbors shall report the birth registration to the public security police station where the baby's mother or father has permanent residence.

2. After the police station reviews and approves the birth, the birth registration will be handled. The proof of preparation is: 1

The "birth permit" of the family planning department. 2.A birth certificate of the child born in the hospital.

3.Hukou booklet, marriage certificate, ID card. You can go to the police station where your household registration is located with the above documents.

It usually doesn't take long to complete.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

OK. OK. However, the premise is that your ex-husband agrees and has a direction to relocate, and obtains the consent of the police station where you move in.

After the above two items are implemented, they can apply for a household registration certificate and cancel their household registration in accordance with Article 10 of the Regulations of the People's Republic of China on Household Registration, which stipulates that "if a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority before moving out, obtain the migration certificate, and cancel the household registration". Then, in accordance with the provisions of Article 13, "from the time of arrival at the place where a citizen has moved, within three days in urban areas and within 10 days in rural areas, he or she or his household shall preside over the relocation certificate and report to the household registration authority for moving in and register, and surrender and cancel the relocation certificate", and go through the formalities of settling down in a timely manner.

Summary. Please wait patiently for 5 minutes, we are sorting it out, and we will answer you immediately, and please do not end the consultation. <>

After divorcing her ex-husband, she found that the child was not her ex-husband's, and now her household registration is the same as her mother, but can she change the child's surname to her mother?

Please wait patiently for 5 minutes, we are sorting it out, and we will answer you immediately, and please do not end the consultation. <>

Hello: It is okay for children to change their surname after divorce. Children may take either their father's or their mother's surname.

Generally speaking, after the birth of a child, the name is determined by the agreement of both parents, so the change of the child's name should also be agreed upon by both parents. If the parents are divorced, neither parent has the right to change the child's name without authorization.

Summary. If the custody is yours, the child's household registration can be with you, and you can move the household registration without the cooperation of the other party. Moving your household registration is very simple, prepare the divorce certificate, divorce agreement, household registration book, ID card, etc. to the police station, and the police station staff will tell you what information you need.

For your above-mentioned questions, because the issues related to legal services are quite specialized, that is, the professional requirements for specific areas of the law firm are relatively high. So, if it's convenient for you, you can tell us what the dispute or trouble you are experiencing is so that I can give you appropriate advice and advice.

I divorced my ex-husband by agreement, and the children were raised for me, and I now want to move the children's household registration to me, do I need my ex-husband's consent?

Hello, please wait a moment while I take a look at your question.

If the custody is yours, the child's household registration can be with you, and you can move the household registration without the cooperation of the other party. Moving your household registration is very simple, prepare a divorce certificate, divorce agreement, household registration book, ID card, etc., and go to the police station to handle it, and the police station staff will tell you what information you need. For your above-mentioned questions, because the issues related to legal services are quite specialized, that is, the professional requirements for specific areas of the law firm are relatively high.

So, if it's convenient for you, you can tell us what the dispute or trouble you are experiencing is now, so that I can provide you with appropriate advice and advice.

Carry forward the silver hail of social justice, highlight the value of legal Zen, and maintain personal dignity, I am very happy to serve you, and if you have any questions, please come to the platform for consultation I wish you all the best! Have fun! He Bo accompanyed.

The process of moving out of an individual's household registration shall be reported to the household registration authority for change of registration by the head of the household or in person, which is generally handled by the household registration authority in the jurisdiction.

Legal basis: Regulations of the People's Republic of China on Household Registration

Article 10 Where a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority for moving out of the household registration before moving out, receive the migration certificate, and cancel the household registration.

Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority.

Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.

Article 17 When it is necessary to change or correct the contents of the household registration, the head of the household or himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts.

When the household registration authority deems it necessary, it may request proof of change or correction from the applicant.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legal basis: According to Article 1084 of the Civil Code of the People's Republic of China, the relationship between parents and children shall not be extinguished by the divorce of parents.

After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers.

For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

The regulations are to declare the child's household registration, and the child's parents can apply to the local household registration police station where either of the child's parents is registered with the child's birth medical certificate, parents' ID card, household registration book, and marriage certificate. The "Opinions on Solving the Problem of Household Registration for Persons without Hukou Guo Ban Fa 2015 No. 96" stipulates that according to the law, permanent residence registration shall be registered for persons without household registration and only promotion to Yinkou

1) Laughing tourists without hukou who do not comply with the family planning policy. For persons without hukou who give birth outside the policy or out of wedlock, they or their guardians may apply for permanent residence registration with the "Medical Certificate of Birth" and the household registration booklet of one of the parents, the marriage certificate or the explanation of the birth out of wedlock, in accordance with the policy of voluntarily settling down with their father and mother. Persons who apply to settle down with their fathers who give birth out of wedlock without hukou must also provide a paternity certificate issued by a qualified appraisal agency.

2) Persons without hukou who have not applied for the "Birth Medical Certificate". For persons born in midwifery institutions without hukou, they or their guardians may apply for a "Medical Certificate of Birth" from the midwifery institution; For persons without hukou who are born outside the midwifery institution, they or their guardians shall provide a paternity certificate issued by a qualified appraisal agency and apply for a "birth medical certificate" from the agency entrusted by the county-level health and family planning administrative department in the place where they intend to settle. Persons without hukou or their guardians can apply for permanent residence registration with the Medical Certificate of Birth and the household registration booklet of one of the parents, the marriage certificate or the explanation of the birth out of wedlock.

The "Regulations on Household Registration" stipulates that within one month after the birth of a child, the head of the household, relatives, guardians or neighbors shall report the birth registration to the household registration authority of the place where the child habitually resides. For abandoned infants, the adopter or the child-rearing authority shall report the birth registration to the household registration authority.