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Legal Intellectual

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Q

I want to change my child's surname. Should I hire a specialist attorney?

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Hello. I heard that when receiving property from family, deduction is possible up to a certain amount — I'm wondering exactly what the spousal gift limit is recognized as. I'd also like to know how gift tax filing related to this should proceed.

child surname change

A

Answer to Related Inquiry

Hello. This is the family law specialist attorney at Daeryun Law Firm.

Child surname change is a procedure where parents file a petition for "permission to change the child's surname and family origin" with the family court when they want to change the child's surname and family origin to be different from the current one due to circumstances such as the parents' divorce or remarriage.

Child surname change proceeds in the following procedure.

1. Submit the petition for child surname change to the family court
2. Prepare necessary documents (family relations certificate, child's consent confirmation, basic certificate, etc.)
3. Documents proving consent or non-consent of the father or mother
4. Court review and decision
5. Application for correction of family relations register

It is not necessary to hire an attorney; you can prepare the application yourself and file it with the court.

However, since the court comprehensively judges various circumstances such as the father's consent, the parenting environment, and the child's welfare, document preparation and the logic of arguments are important.

In particular, when there is no consent from the father, it is advantageous to systematically prepare legal logic and grounds through an attorney.

This is because in the review process, the explanation of reasons and submission of supporting evidence are key.

Also, in child surname change cases, the documents required and the review method may differ slightly depending on the court, so the advice of an experienced expert is helpful.

As the child's welfare is the top priority, the child's consent confirmation and statements about the surrounding parenting environment also serve as important materials.

If there is room for future disputes depending on the result of the child surname change review, we recommend consulting with an attorney.

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