CONTENTS
- 1. The Client Who Sought a Daegu Inheritance Attorney Decides to Change a Surname and Family Origin
- - The Lawsuit for Approval to Change a Surname and Family Origin, Explained by the Daegu Inheritance Attorney
- - The Issues in Approval of a Surname and Family Origin Change, Explained by the Daegu Inheritance Attorney
- 2. The Daegu Inheritance Attorney's Assistance in Proving the Welfare of the Child
- 3. With the Assistance of the Daegu Inheritance Attorney, a Ruling Permitting the Change of Surname and Family Origin
1. The Client Who Sought a Daegu Inheritance Attorney Decides to Change a Surname and Family Origin
The client, who requested a consultation with a Daegu inheritance attorney, wished to change her child's surname and family origin.
This was because, although more than ten years had passed since her remarriage, the child's surname and family origin were still those of her former husband.
However, the former husband, who was the child's biological father, was opposed to this.
The client therefore wished to change the surname and family origin through a lawsuit, and she requested a consultation with a Daegu attorney to seek assistance with that process.
The Lawsuit for Approval to Change a Surname and Family Origin, Explained by the Daegu Inheritance Attorney
A change of surname and family origin is a procedure under Article 781(6) of the Civil Act in which the court determines whether to grant approval, giving priority to the welfare of the child.
⑥ When it is necessary to change a child's surname and family origin for the welfare of the child, the surname and family origin may be changed with the court's approval upon the request of the father, the mother, or the child. However, if the child is a minor and the legal representative cannot make the request, a relative under Article 777 or the prosecutor may make the request.
As cases of divorce and remarriage have become more common, situations requiring a change of a child's surname and family origin due to the reconstitution of the family arise frequently.
To obtain the family court's approval, it must be proven that changing the surname and family origin is for the welfare of the child.
The Issues in Approval of a Surname and Family Origin Change, Explained by the Daegu Inheritance Attorney
The court mainly considers the following factors in determining whether a change of surname and family origin is for the welfare of the child.
∙ The age of the child
∙ Whether the parents are divorced
∙ Whether the surname and family origin of the siblings are unified
∙ Whether there is any hindrance to the child's school life or social life
Subjective factors
∙ Whether suffering arises from the surname and family origin
∙ The intent to change the surname and family origin
In particular, in the case of an adult child, the child's own intent serves as an important factor in the determination, and it could be said that proving that the benefit from the change of surname and family origin is greater is the key.
2. The Daegu Inheritance Attorney's Assistance in Proving the Welfare of the Child
In order to prove the welfare benefit that the client's child would gain by changing the surname and family origin, the Daegu inheritance attorney provided the following assistance.
Daegu Attorney Proves the Severance of the Relationship With the Biological Father
The client divorced her former husband, the child's biological father, when the child was two years old.
Despite this, from the time the child was in middle school, the biological father caused the child ongoing emotional distress by making unannounced visits to the school and calling late at night after drinking.
The attorney therefore argued that the bond between the biological father and the child had been completely severed.
Daegu Attorney Emphasizes the Positive Bond With the Stepfather
The client's child had lived in the same home as the stepfather for more than ten years and had built a deep bond with him.
The attorney also emphasized that the stepfather had served as the child's actual caregiver and had spared no economic support across the child's education and daily life.
The attorney therefore requested that the change of surname and family origin be permitted for the welfare of the child.
3. With the Assistance of the Daegu Inheritance Attorney, a Ruling Permitting the Change of Surname and Family Origin
The arguments prepared by the Daegu Inheritance Attorney were all accepted by the court.
Finding that the change would have a positive effect on the welfare of the child, the court permitted the child's surname and family origin to be changed to those of the client's current husband.
The Daegu Attorney's Case Notes
In this case, the client requested the assistance of the 🔗Daegu Attorney in order to change the child's surname and family origin to those of her current husband.
Daeryun assists clients who need to file a petition for permission to change a surname and family origin by helping them prepare the change report and assemble the required documents.
It also provides careful assistance with follow-up measures after the trial, including the separate reporting procedures.
If you need legal assistance in a situation such as the one above, you may request a 🔗Legal Consultation Appointment at any time to entrust your case.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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