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(Querist) 23 September 2014 This query is : Resolved 
Dear All,

I have lost my son at the prime age of 35 years. He left behind a son who was just 1.5 years old that time , at present he is 5 years old.

Now my Ex Daughter in law has remarried and has changed my Grandson’s surname and has started using her new husband’s name as his father's name in school .

I am already fighting a court case for guardianship & visitation rights for last 1 year and the matter is pending in the court.

Now want to know what is Law and legally can she change the name of father in school records .What remedy I have against this act of abolishing my beloved deceased son’s name from his only son's identity . My grandson is the only legal heir (Male) in my family to carry our legacy and whereas her new husband has his own 2 kids from his previous wedding .

Please let me know what can I do to protect my Vansh.
Devajyoti Barman (Expert) 23 September 2014
Yes you can file civil suit for declaration and injunction against change of surname of biological father of the child.

Custody suit is not the answer to deal wth this question.
T. Kalaiselvan, Advocate Online (Expert) 30 September 2014
As rightly advised by expert Mr.Barman, you can go ahead with a new suit for declaration and permanent injunction restraining your DIL from changing her son's biological father's name. This will certainly provide you the relief you are looking for.


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