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CHANGING CHILDREN'S SURNAMES
⚡️QUESTION:
My husband and I have been divorced for 2 years. We have a 6-year-old daughter who is registered in my husband's last name. I want to change his last name to mine. In this matter, I applied to the guardianship and guardianship authority. They asked for my ex-husband's consent, but he flatly refused. He pays child support. How can I change my child's last name without his consent?
⚡️ANSWER:
According to Article 70 of the Family Code (https://lex.uz/docs/104720#159024), if the parents live separately and the father or mother living with the child wants to give the child his or her own surname, the body of guardianship and guardianship shall decide this matter on the child's behalf. it is decided to decide taking into account the interests and opinion of the mother (father). Therefore, it is not an illegal requirement that the guardianship and guardianship body asked for the father's consent during your visit.
Then you can say it when you don't have a chance! ❗️If 👇
This article states that it is not necessary to take into account the father's opinion when it is impossible to determine the whereabouts of the father, when he is deprived of his paternity rights, when he is found to be incompetent, or when he refuses to fulfill his obligations to provide for the child and raise him for no reason. z is reflected. That is, it is possible to change a child's surname without his consent only in the specified cases.