Changing the child’s surname without the consent of the father

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Anna Saliienko

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Changing the child’s surname without the consent of the father

Changing a surname is a complicated process, especially when it comes to children. Ukraine is no exception.

The issue of changing a child’s surname without the father’s consent in Ukraine raises many questions about the legality, morality, and practicality of such a step.

The legislation of Ukraine in the field of changing the surname establishes a number of restrictions that apply to children. According to Article 148 of the Family Code of Ukraine, changing a child’s surname is possible only with the consent of both parents or by a court decision in cases provided for by law.

In particular, in part 5 of Art. 148 of the Family Code of Ukraine, it is stated that in case of disagreement between one of the parents regarding the change of the child’s surname, the dispute between them regarding such change shall be resolved by the court.

The court considers such claims taking into account all the circumstances of the case, including the relationship between the parents and the child, the welfare of the child, and its interests.

In case of disagreement between one of the parents regarding the change of surname, the court will conduct an appropriate process in which both parents will have the opportunity to express their positions and prove their validity.

When one parent tries to change a child’s last name without the other parent’s consent through a legal process, the process may include the following steps:

  • Preparation of a statement of claim: One of the parents who wants to change the child’s surname must prepare a statement of claim and submit it to the court. In the application, it is necessary to substantiate in detail the reasons for changing the surname and provide all the necessary evidence.
  • Trial: After filing a lawsuit, the court appoints a meeting at which the case is considered. Both parents have the right to participate in the meeting and present their arguments regarding the change of the child’s surname.
  • Evidence and reasoning: During the court session, both parents can present their evidence and arguments regarding the change of surname. In order for the court to decide in their favor, it is necessary to convincingly prove that the change of surname is in the interests of the child and his well-being.
  • Judgment: After considering all the circumstances of the case, the court makes a decision on changing the child’s surname. The decision can be made in favor of one of the parents or rejected, depending on the circumstances of the case and the evidence presented by the parties.
  • Execution of the court decision: If the court decides in favor of changing the surname, the parents must comply with this decision. The relevant state registration authorities can make appropriate changes in the child’s documents.

In general, the legal process of changing a child’s last name without the consent of one of the parents can be complicated and long. Professional legal support provided by the company “Prikhodko and Partners” is important for the successful resolution of such a case.

The court makes a decision on the basis of all available information and decides whether there are grounds for changing the child’s surname. At the same time, the main criterion is the well-being and interests of the child himself.

If the court considers that the change of surname is in her best interests, it can issue a corresponding decision even without the consent of one of the parents.

Changing the child’s surname through the court without the consent of one of the parents is possible only in cases where it is justified and corresponds to the interests of the child. Solving such issues through a court process can be difficult and requires a detailed study of all the circumstances of the case.

The main goal should always be to ensure the well-being and welfare of the child, as well as to resolve conflicts between parents through legal and fair solutions.

By contacting the law firm “Prikhodko and Partners”, parents can get competent and professional help in solving issues related to changing a child’s last name without the consent of one of the parents in Ukraine through a court process.

The company “Prikhodko and Partners” is known for its expertise in family law and the protection of children’s rights. Our lawyers have considerable experience in resolving complex conflicts between parents and resolving legal issues related to children.

By contacting our company, parents can count on an individual approach to their situation, professional advice on all aspects of the case, and effective support in the legal process.

In addition, the legal company “Prikhodko and Partners” ensures the confidentiality and reliability of all legal services provided, providing clients with peace of mind and confidence in solving their legal issues.

Cooperation, understanding, and compliance with the law are key aspects of solving such situations.

Therefore, by choosing the company “Prikhodko and Partners”, parents can count on competent and professional help in solving complex legal issues related to changing a child’s last name through a court process in Ukraine.

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Is the child already 16 years old?

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Changing the surname in the interests of the child?

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Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

Contact now
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