If a husband and wife are divorced, can one party change the name of the child?

Soon, Mr. Song remarried, and the number of visits to the children became less and less, while Ms. Zhai has been raising her 5-year-old son alone. In 2008, when her son started elementary school, Ms. Zhai went to the police station to change the child's name without informing Mr. Song, and let the child take her surname. Soon after, Mr. Song learned of this and was very angry, believing that Ms. Zhai had violated her custody of the child and that she had no right to change the child's name.

However, Ms. Zhai believes that the child has always been raised by herself, and Mr. Song has not fulfilled any father's responsibilities, and she has the right to change the child's name. 【Legal Analysis】Lawyer Ma Xiaofeng of Inner Mongolia Yuanxin Law Firm: Article 99 of China's "General Principles of the Civil Law" stipulates:

Citizens enjoy the right to a name, and have the right to decide, use, and change their name in accordance with regulations, and prohibit others from interfering, misappropriating, or counterfeiting. "This is a legal provision on the right to a citizen's name. Article 22 of China's "Marriage Law" stipulates:

Children may take their father's surname or their mother's surname. "Adult children may decide to change their names if they wish. Since minors do not have full capacity for civil conduct, the right to their name is exercised by their guardians, and is usually decided by the minor's parents through consultation.

According to Article 36 of the Marriage Law, "the relationship between parents and children shall not be extinguished by the divorce of the parents, and after the divorce, the children shall remain the children of both parents, regardless of whether they are raised by the father or the mother". Article 21 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law (for Trial Implementation) stipulates:

After a divorce, the spouse living with the child does not have the right to revoke the custody of the child. However, where the party who does not live with the child has criminal or abusive conduct against the child, or is clearly unfavorable to the child, the people's court finds that it may be revoked. Therefore, in this case, Ms. Zhai's unilateral decision to change her son's name without consultation with Mr. Song violated Mr. Song's rights, and Mr. Song could request Ms. Zhai to restore her son's original name.

Yes, this is to have custody.

Legal Analysis: The parent who is directly raising the child after the divorce can change the child's last name, but the parents need to agree on it. 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.

That is, the parent raising the child does not have the right to change the child's surname alone, and even if it has been changed, the other party has the right to request that the child's name be restored.

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 1,000 Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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. Talk) bigamy or cohabitation;

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 the Qingbei People's Court has ruled that divorce is not permitted, the parties have been separated for one year or more, and one party initiates divorce proceedings again, the divorce shall be granted.

Divorced couples who want to change the child's name for their child need to seek the consent of the other party, otherwise the public security organ will not accept the matter.

First, the name issue is related to the future of the childA person's name is related to his future, and many times although the name is a code name, it affects people's lives. A person's name cannot be easily changed, because it is linked to their own reading and work, once the name is changed, a lot of information will be changed, if there is no timely change, it will affect the child's reading, and even when he grows up, it will affect the child's life.

2. Divorce does not change the child's name Zen Xinda The husband and wife are divorced, but they are both parents of the child, and both parties have the right to change the child's name. Even if you are the party who does not have custody, but you have the right to pay child support, you have the right to decide on the major events of the child. Children are the most precious gift of parents, and even divorce will not affect their love for children, so if you want to change your child's name, you need the consent of the other party, and you can't decide on your own.

Third, the problem of children after divorce should also be well discussed, and the husband and wife should also maintain a friendly relationship after divorce, which does not mean that the fish is dead, and the existence of children will be because of the contact of children, so they should give each other a good face for the sake of children. In the face of the child's problem, the two people should discuss it well, if it is something that is beneficial to the child, strive to reach an agreement, if it is indeed helpful to change the name to the child, I believe that the other party will agree.

Divorced families have the greatest impact on children, and we should give him complete love so that he feels that he is not abandoned. The child's name is not decided by one person, we should respect the child's colleagues and obtain the consent of the other party, so that the more perfect ending. In the face of children's problems, we should deal with them well, so that the child will not be sensitive and let him grow up happily.

The law does not stipulate that the parent can change the child's surname at will, and since the father has taken the father's surname, the child's surname cannot be changed at will. Of course, as long as both parties reach an agreement through consultation and do not violate the public morality of the society, they can also decide that their children adopt other surnames, and the law does not prohibit Chiqing. However, it can be seen from the above provisions that when either party changes the name of a child, the consent of the other party must be obtained.

In other words, a child's last name can only be changed if both of the child's biological parents agree. then return.

After the divorce, the husband and wife cannot change the child's surname without authorization, and the change can only be done by mutual agreement. The law's regulations on name change are: 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; If a person over the age of 18 needs to change his/her name, he/she must apply to the household registration authority for the change of registration.

[Legal basis].Article 18 of the Regulations of the People's Republic of China on Household Registration.

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 surname, 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.

A divorced child can change his or her name, but it needs to be agreed upon by both parties. Generally speaking, the child's name is determined by mutual agreement between the parents, so the change of the child's name should also be decided by the parents through consultation. After a divorce, neither party has the right to change the child's name without the consent of the other party.

[Legal basis].Article 18 of the Household Registration Regulations.

Citizens who change their names shall be subject to 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;

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.