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Family law attorney, after divorce, can I change my child's surname and family origin to mine or to that of my remarried spouse?
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I have a question for the family law attorney. Hello. I divorced my ex husband about 5 years ago and am currently preparing to remarry. However, my ex husband and I have one daughter. I would like to change my child's surname and family origin to my surname and family origin, or to those of my remarried spouse. Is this possible? If it is possible, I am curious about what the procedure is.
family law attorney
Answer to Related Inquiry
Author: 김국일
Hello. I am a family law attorney at Daeryun Law Firm (LLC).
It is legally possible to change a child's surname and family origin to one's own surname and family origin after divorce.
For this, you must first obtain permission from the court. As a family law attorney, I will explain in detail.
When necessary for the child's welfare, a parent or the child must file a petition for a judgment to change the surname and family origin with the family court and obtain the court's permission.
The court decides whether to approve this in consideration of the child's welfare and circumstances.
Once the court's approval is granted, a report on the change of surname and family origin must be filed within 1 month after the judgment becomes final.
This report can be filed at the city hall, district office, eup office, or myeon office having jurisdiction over the child's registration base address or place of residence.
In addition, if you wish to change the child's surname and family origin to those of your remarried spouse, this can be resolved through full adoption.
If the remarried spouse adopts the child through full adoption, the child is legally recognized as the child of the remarried spouse.
Therefore, the surname and family origin can be changed to those of the adoptive father even without a separate trial.
For details, it is advisable to confirm the more specific and accurate procedure through a consultation with a family law attorney and proceed accordingly.
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