On the issue of children taking their mother s surname after divorce

Hello! After reading your confession, I really feel sad for you, and it is really sad to meet such an irresponsible man! As for the issue of the child's surname, if it is not easy to do, I think you should not care too much, because no matter how you change it, you can't change the child's blood relationship after all, so ah, the key issue is that you will live better than him in the future, and finally wish you happiness!

Prime Minister: You can consult your local legal advice**: 12348 or ask 110 directly to give you a local legal aid** and consult a lawyer.

Secondly, for this question, you can directly call the local branch where the 110 transfer is located and ask the people.

In fact, as long as both parents agree, you can go to the local branch where your household registration is located to handle it, and you don't have to go so far.

Finally, seeing that you type so many words, it can be seen that you still resent your ex-husband in your heart, and it is very cold, I suggest that you reorganize your mood, for the sake of the children, you must cheer up, live better than them, and make him regret it! Come on!

In fact, it's just a formality, and you can find someone else to top it.

Such a man can tell the police station that he is dead.

He died after your divorce.

You are applying for a change of name, not a change of hukou.

Besides, you are the mother of the child, and your hukou will definitely go with you, and you will not move to someone else's house at will.

Alas, the trash can has also been found for you, and women are a tragedy, and people are good at being bullied, and they are ridden immediately.

After divorce, the child can take the mother's surname, but the consent of the other party is required. Generally speaking, the name of a child is determined by mutual agreement between the parents, so the change of the child's name should also be agreed upon by both the father and the mother. After a divorce, neither party has the right to change the child's name without the consent of the other party.

1. Can the ex-husband sue if he does not agree to change his surname?

If the ex-husband does not agree to change his surname, he generally cannot sue. A lawsuit needs to have specific claims, facts, and reasons, and if a lawsuit is filed simply on the basis of a change of surname, the court will generally not accept the case. After the parents divorce, the change of the child's name shall be agreed upon by both parents, and neither party has the right to change the child's name without authorization.

2. What is the new policy for children to change their surnames?

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 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.

If the child's surname is changed, it is necessary to negotiate with the child's biological father and provide proof of written consent.

3. Whether it is possible to change the child's surname with the judgment.

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. 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 name of the child, 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.

Article 18 of the Household Registration Regulations.

Citizens' name changes shall be handled in accordance with the following provisions:

1) When a person under the age of 18 needs to change his or her name, he/she or his/her parents or adopters shall apply to the household registration authority for a change of registration;

2) When a person over the age of 18 needs to change his or her name, he or she shall apply to the household registration authority for the change of registration.

Article 1015 of the Civil Code provides that a natural person shall take the father's surname or the mother's surname, but in any of the following circumstances, the surname may be chosen in addition to the father's surname and the mother's surname: (1) Choosing the surname of other lineal elders and blood relatives; (2) The surname of the dependant is chosen because he or she is supported by a person other than the legal dependent; (3) There are other reasons for not violating public order and good customs.

Summary. First of all, you need to negotiate with the child's biological father and need proof of written consent. If the child is over 10 years old, the child's opinion is also required, but if the child is over 18 years old, the child's consent is required; Secondly, you need to bring your household registration booklet, ID card, child's household registration book, divorce certificate and other materials to the local public security bureau police station where your household registration is located.

The household registration agency must sign both parties before changing the child's surname or name. Otherwise, one party has no right to change the child's surname and name, and the household registration agency will not handle the formalities. If one party does not agree, and the other party forcibly handles it, and the household registration office bears legal responsibility, the other party has the right to sue the party that changed the name and the household registration handling agency.

First of all, you need to negotiate with the child's biological father and need proof of written consent. If the child is over 10 years old, the child's opinion is also required, but if the child is over 18 years old, the child's consent is required; Secondly, you need to bring your household registration booklet, ID card, child's household registration book, divorce certificate and other materials to the local public security bureau police station where your household registration is located. The household registration agency must sign both parties before changing the child's surname or name.

Otherwise, one party has no right to change the child's surname and name, and the household registration agency will not handle the formalities. If one party does not agree, and the other party forcibly handles it, the household registration office judges that Hong Bichong will be held legally responsible, and the other party has the right to sue the party that changes the name and the household registration agency.

What if the man does not agree?

Can I appeal in court?

Sue to change your name.

Right. This is not possible.

Can you sue. So how can you change it?

cannot be prosecuted.

So how to change it if the man doesn't agree? Or what can be done to get the man to agree?

It's up to you, I don't know much about the man, so I can't give advice.

After the divorce, the child's surname can be taken from the mother's surname.

1. It must be in the case of the agreement of both parents;

2. If the parties to the divorce have not negotiated or reached an agreement, and the mother compulsorily requests to change the child's name, the public security organ will not accept it;

3. If the mother conceals the fact of divorce from the public security organs and thus changes the child's name without authorization, the father may request the public security organ to restore the child's original name.

In principle, post-divorce alimony is only paid to the children until they reach adulthood, but the legal special circumstances are disabled, and the following are the specific provisions:

1. The period of payment of child support is generally until the child reaches the age of 18. Parents who are over 16 years old but under 18 years old, whose main livelihood is their labor income, and who can maintain the general living standard of the locality, may stop paying child support;

2. In any of the following circumstances, an adult child who has not yet lived independently, and the parents have the ability to pay, shall still bear the necessary childcare expenses;

1) Unable to work or not completely incapacitated, but their income is not enough to support their livelihood;

2) Those who are still in school;

3) There is no ability and conditions for independent living.

After the divorce, one party will have the idea of changing the child's surname, but it is necessary to seek the opinion of the other party, if the other party does not agree, it is not possible to change the child's surname without authorization, and the child's age is ten years old, and the child's opinion is also required, otherwise it is illegal to change the child's surname without authorization.

Regulations of the People's Republic of China on Household Registration

Article 18: Citizens' name changes are to be handled in accordance with the following provisions:

1) When a person under the age of 18 needs to change his or her name, he/she or his/her parents or adopters shall apply to the household registration authority for a change of registration;

2. When a person over the age of 18 years old needs to change his or her name, he or she shall apply to the household registration authority for cancellation before applying for the change of registration.