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I want to change my child's surname and family origin, so should I retain an attorney who specializes in this?

I am a mother raising my 9-year-old daughter on my own. It has been about five years since I divorced the child's father, and I am raising her alone. Recently, I have come to want to change the child's surname to mine. When I looked into it online, I found that there is a procedure for changing a child's surname and family origin, but it looks complicated, so I am uncertain. I am inquiring because I am curious whether I must retain an attorney.

change of a child's surname and family origin

Answer to Related Inquiry

Author: 김국일

Hello. I am an attorney specializing in family matters at Daeryun Law LLC.

A change of a child's surname and family origin is a procedure carried out by filing a petition with the family court for 'permission to change the child's surname and family origin' when a parent wishes to change the child's surname and origin from the current one due to circumstances such as divorce or remarriage.

A change of a child's surname and family origin proceeds according to the following procedure.

1. Submit a petition for a change of the child's surname and family origin to the family court
2. Prepare the necessary documents (a family relationship certificate, a confirmation of the child's intention, a basic certificate, and the like)
3. Documents proving whether the father or mother consents
4. Court examination and decision
5. Application to correct the family relationship register

It is not mandatory to retain an attorney, and you can also prepare the application yourself and file it with the court.

However, because the court comprehensively assesses various circumstances, such as whether the child's father consents, the childrearing environment, and the child's welfare, the preparation of documents and the logic of the arguments are important.

In particular, where the father does not consent, it is advantageous to systematically prepare the legal reasoning and grounds through an attorney.

This is because substantiating the grounds and submitting supporting evidence are the key points in the examination process.

In addition, in cases involving a change of a child's surname and family origin, the documents required and the manner of examination may differ slightly from court to court, so the advice of an experienced expert is helpful.

Because the child's welfare is judged to be the top priority, a confirmation of the child's intention and a statement about the surrounding childrearing environment also become important materials.

If there is room for future disputes depending on the outcome of the examination for a change of the child's surname and family origin, we recommend consulting an attorney.