26 Jul

What is the procedure to change the surname of your child after divorce?

Divorce is a very stressful period as separation is not very easy.  In case, you have children then it is more difficult for you as well as your children. If you belong from Maidstone or Kent area Divorce solicitor in Maidstone and Kent can help you to solve your issue. But once you have decided to get separated from your partner then the biggest challenge is to change the surname of your child. If a child is with father, then there is no need of these formalities, but if the mother takes responsibilities of the child and she wants to change the surname of her child then she must be aware of the following procedure. 

The surname of the child can be changed by deed poll but only in case, if you have the consent of everyone with responsibility. If you do not have consent, then this matter can be pursued through the courts. 

A mother can apply to change her child’s surname in case if she has entered into a new relationship so she can use the surname of her present surname. In some cases, she can request to use her maiden name. 

If you are thinking about taking divorce, then the first question that comes in your mind is that:

“Can I change the surname of my child?”

Many reasons can be involved if you want to change your child’s surname. It is possible if you have consent with parental responsibility. Generally, the mother has parental responsibility but the father can also get this responsibility if he was married to the mother at the child’s birth time and has been registered on the birth certificate. Moreover, other members can also get parental responsibility with a court order and an agreement of parental responsibility.

Change surname using deed poll:

With the consent of everyone, you can change your child’s surname using deed poll. Just fill all the required form suggested by the best Probate Solicitors in Kent. Then you will receive a deed poll document by which you can start the procedure to change the surname in official documents etc. The court will grant permission after considering the best interests for the child. 

Law for family names:

If you are remarrying or setting up a new partnership, you can’t change the last name of your child as the court will decide which is in the best interest of the child. An application to change a child’s surname will only be successful if everyone agrees to give written consent. 

How to change the last name of your child?

The best way to get a formal proof is to make a statutory declaration in front of the solicitor which is sufficient for passport office, banks, etc. In deed poll method, a child must sign it as a consent proof, in case if the age of a child is in between 16 to 18 years.

How parental responsibility can be lost:

  • Once the child turns 16.
  • With court’s permission
  • If someone adopts the child

In case, if a parent is absent:

In some cases, when you don’t get the consent of one parent, in that case, you don’t need to worry, change surname using deed poll but you also need to show that you have tried to contact the absent parent. In case, if your ex doesn’t give you consent then your solicitor can help you in court to overrule the other parent but it can be done only after the careful consideration of every fact.

If a child turns 16 or older then he or she can change their name. But once the child becomes an adult, 18 years old then he or she can change the surname without permission of their parents.

So, before moving further, you must consider all the implications of changing the child’s surname as this big step should be right in all circumstances. Get detailed information about it from the best divorce solicitor in Maidstone and Kent, Daniel Francis.

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