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If the father does not agree, the woman can directly file a lawsuit at this time, so that she can help the child change the name.
1. Custody.
Divorce is a phenomenon that a family does not want to see, and having custody of children has more say in matters of the size of the children. For the woman, changing the child's name after the divorce can facilitate the child's management or education, and she has the custody of the child, so she has the right to change the child's name.
Second, use the law to solve the problem, most of the couples after divorce are enemies, it is difficult to sit down quietly to deal with the problem of the child, if the man does not agree to change the name, at this time the woman can file a lawsuit to directly let the court solve the problem. If changing the name is a good result for the child, the court will definitely approve it, and even if the man does not agree, the court can also ask the woman to change the name, after all, the child is not the man's alone, and sometimes the woman has more rights to manage the child's problems. At the time of divorce, the child belongs to the woman, and the woman must be more suitable to take care of the child, so the court will definitely help the woman solve the problem at this time.
3. Try to discuss the issue of children after divorceIn fact, divorced couples do not need to have a bad attitude, they can discuss the problem of their children well, there are no parents in the world who do not love their children, as long as the woman's reasons are sufficient and sufficient, I believe that the man can also agree. The man should also understand that the name is just a title for the child, and even if the name is changed, the parent-child relationship cannot be changed.
After the divorce, the husband and wife should still deal with the problem of the children well, do not let the children be hurt because of this, and should get along well for the sake of the children. In many cases, as long as the child is good, it is the greatest comfort for parents, and they don't need to care too much about the details.
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If the man does not agree, he should go through legal proceedings and the custody of the child has been vested in the woman, so the woman has the right to change the child's name.
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If the child's name is changed to follow the mother's surname, there is no way for the man to disagree, because it is allowed by law.
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If you don't agree, then you should go to the relevant venue to file a complaint, so that you can get a fair and just result.
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After the divorce of the husband and wife, the child belongs to the woman, and the woman changes the name of the child, which is reasonable and in accordance with the law, and the man has no right to stop it, as long as the woman goes to the public security organ to go through the formalities of changing the name.
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You can negotiate with the man, or ask the man what he thinks, or you can decide through a legal judgment, and if you can't change it, you won't change it.
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1. Can the divorced man change the name of the child if he does not agree?
1. The divorced man cannot change the name of the child if he does not agree. After the divorce, one party cannot change the child's name at will, and if you want to change the child's name, you first need to negotiate with the child's biological father and need the other party's written consent to prove it. Specifically, if the child is over 18 years old, the child's consent is also required.
Secondly, you also need to bring your household registration book, ID card, child's household registration book, divorce certificate and other materials to the public security bureau or police station where your household registration is located. Both parties must sign before the child's name can be changed.
2. Legal basis: Article 1015 of the Civil Code of the People's Republic of China.
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 and mother's surnames:
1) Select the surnames of other lineal elder 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 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.
Article 1016.
Where a natural person decides to change his or her name, or a legal person or unincorporated organization decides, changes or transfers his or her name, it shall go through registration formalities with the relevant organs in accordance with law, except as otherwise provided by law.
Where a civil entity changes its name or title, the civil juristic acts carried out before the change are legally binding on them.
2. What materials do parents need to bring if they agree to divorce?
1. Divorce certificate;
2. Apply for moving out of the child's household registration book, birth certificate, and husband and wife household registration book to the police station where the husband and wife's household registration are located
3. If the child is still young and has not registered for household registration, he needs a divorce certificate, the baby's "Birth Medical Certificate", "Birth Certificate" or "Family Planning Service Manual", the household registration book of both parents of the baby, and other materials, and go to the place where the party with custody of the child is registered to handle the household registration;
4. According to the content of the child's belonging contained in the divorce certificate, go to the village committee or neighborhood committee of the place where you need to move in to issue a certificate of moving in, and apply for a certificate of permission to move in at the local police station
5. Proof of the place of entry, go to the police station where the child's household registration is located to issue a "Household Registration Migration Certificate";
6. Go to the police station where you enter the household to go through the household registration procedures.
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It can be changed, but it must be agreed upon by both parties, if the man does not agree to the child's name changePublic security organsIt will not be accepted or agreed.
According to the existing Dankong lead law in our country, the child's surname can be taken with the mother's surname.
It is also possible to take the father's surname, but after the birth of the child, the name is determined by the husband and wife after consultation, so the change of the child's name also needs to be approved by both parents, and the child belongs to the woman after the divorce, and the woman has no right to change the child's name without authorization, and the application can only be made with the consent of the child's father.
1. The child's name change requires the consent of both parents
If the child returns to the woman after the divorce and wants to change the child's name, she must obtain the consent of both parents of the child, and if the child is not directly changed without the consent of the man, it is not protected by law. That is to say, after the divorce, the child belongs to the woman, and if she wants to change her name, she must obtain the consent of the other party.
2. Be cautious about changing the child's name after divorce
If the husband and wife divorce, although the child is awarded to one party to raise the child, the child is a common child of the husband and wife, so if you want to change the name of the child after the divorce, you must be cautious, and you cannot make a decision without authorization, if you want to change the name of the child very much, you must negotiate with the other party with the consent of the other party as much as possible, if the negotiation fails, there is no way to change the name, unless you file a lawsuit with the court, if you can get the support of the law, you can also change the name smoothly.
3. When is it appropriate to change the name?
After the divorce, the wife cannot change the child's name, but she can change the child's name after the child reaches the age of 16, at which time the child can apply for a change of name because he has reached the legal age.
At this time, I was holding my ID card.
The family household registration book and the certificate issued by the school, and then prepare the new name you want to change, go to the household registration center of the local police station to apply for it, submit the information and wait for them to review, and then apply for a new ID card, change the identity information on the household registration book, and then modify the household registration file.
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Yes, but the child's name change requires the consent of both parents.
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If the child belongs to the woman, the child's name can be changed, and the child's surname can also be changed.
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It can be changed, but it must be negotiated with the man, accepted the corresponding acceptance, and the opinions of the relevant departments must be sought, so that the child's surname can be changed.
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It is recommended to negotiate the process. The household registration agency needs the signatures of both parties before changing the child's surname and name.
The process of changing your child's surname:
1) First of all, it is necessary to negotiate with the child's biological father and require proof of written consent.
2) If the child is over 10 years old, it is necessary to seek the child's opinion, but if the child is over 18 years old, the child's consent is required.
3) 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.
4) The household registration agency must sign both parties before changing the child's surname and name.
Article 1112 of the Civil Code: An adopted child may take the surname of his adoptive father or adoptive mother, and may also retain his or her original surname upon the agreement of the parties.
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The child and the woman, the woman wants the child to change the surname, and the father does not agree, the woman chooses to move the child's household registration to the woman, so that it is convenient for the child's surname, and then you can use as much as you want, and you can use two names, one can be used as the former name, and the original surname is also retained, so that the father's opposition will be smaller, which is conducive to negotiation to solve the problem.
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If the child changes his surname, he still has to obtain the consent of his father, and if the father refuses, the public security organ will not accept it. Even if it is forcibly changed, the police will reinstate it after the father sues.
In fact, it doesn't matter who the child's surname is, the important thing is the child's healthy and happy growth. Nowadays, children generally follow their father's surname, and if your child takes his mother's surname, his classmates may be affected when they ask about his parents' divorce.
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After the divorce, the child is with the woman, but the child's father does not agree to change the surname, this still has some reason, after all, he is the child's father, if you really want to change the child's surname, you should lose the child's child support, because you changed the child's surname. It means that the child has nothing to do with his father at all, and even if you sue the court, it is estimated that it will not support you, so don't change the child's surname. This is also a comfort to the child's father.
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Changing a child's surname before they reach the age of minor is subject to the consent of the child's father. So, in your case, you have to wait until the child becomes an adult and the child decides the surname.
In fact, no matter whose surname you take, you are all your common children. Don't worry too much about the last name! Have fun!
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After the divorce, if the child is raised by the woman, and the man pays child support, and wants to change the child's surname, the child's father cannot change the surname if he does not agree, and if he wants to change the surname, he must negotiate with the child's father, and how to use a strong tone cannot solve anything.
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According to the provisions of national law, to change the child's name, it must be agreed by both parents, and if one party does not agree, the name cannot be changed, unless the child is eighteen years old. You can change the name.
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After the divorce, whose surname the child has, the two people need to discuss, if the divorce, the child and the woman, the man does not pay child support, the child can change the surname, if the man has been paying child support, the child must change the name with the man, if the man does not agree, the child can not change the name, because the man has been paying child support, after the man agrees, the child can change the name, divorced, the custody relationship is still there, the future maintenance relationship is still there, the maintenance is basically the issue of naming rights.
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After the divorce, if the child and the woman, but the child's father does not agree to change the surname, that is if you want to change the name without any legal law, you must obtain the father's consent, if the father does not agree, then it is impossible to change the child's name, you can only try to negotiate with the father, if the child's father agrees, then you can change the child's name, if the child's father insists on disagreeing, then you can not change the child's name.
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Then don't change your surname, because, after the divorce, the relationship between the children and their parents will not be changed, and if one party raises the children, the other party should bear the necessary maintenance expenses, so there is no need to change the surname. Suggested by netizens, for reference only. Good luck!
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After the divorce, the child is given to the woman, and the child's father does not agree to change the surname, I think the two parties should communicate more, no matter who the child is with, the child is the child of both parties, and although the child is with the mother, the father also has to pay child support.
Now that the child is young, it is important to raise and educate the child, and then let the child decide when he grows up.
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If the child follows the woman after the divorce, but the child's father does not agree to change the surname, this cannot be changed. Because it is stipulated that the modification of the child's sex must be agreed by both husband and wife. Either when the child reaches adulthood, he can change it on his own.
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After the divorce, the child is still the child of the two of you, the father does not agree with the child to change the surname, he has this right, then don't change it, when the child is an adult, he will change it himself, and the parents will not be able to control it.
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After the divorce, if the child and the woman, but the child's father does not agree to change the surname, the woman can only negotiate with the child's father, because only after the father's consent, the child can change the surname.
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After the divorce, the child and the woman. In order for a child to be modified, both parents must go to the local police station at the same time to change the surname, and both parties must sign a consent form before the surname can be changed. So the child's father doesn't agree to change his surname, but I think you can't do anything about this kind of thing.
Obviously, you have to give the child's father, that is, your ex-husband, a condition that can satisfy him, and you have to ask him what conditions he needs to change the child's surname. After all, as long as there is interest, I believe he will agree, it depends on whether your interests can impress him. So at this time, you have to ask him to see what kind of conditions he needs to change his surname.
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