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CGM (None)     22 May 2015

Can mother change child's name without father's consent?

Hello friends,

I have an interesting situation. My child lives with my wife who is separated from me since many years. We have a DV case ongoing.

Recently I learnt that she has changed the surname of my child from my name to hers. 

Is that a step that she is legally authorised to take or as a natural guardian I have any rights about it?

Is there anything at all that I can do to stop her?

I do understand that it's still my child, but bit by bit it seems I am losing every right or bond over my child, and this is another new step.

As a father I feel very helpless and let down.

Your advice will be very welcome

Thanks



Learning

 1 Replies

bsrao   22 May 2015

No. Your wife does not have a right to go beyond the mandate of court's order during the pendency of divorce. You can file a contempt against her along with filing an application seeking custody of your child. You have a fit case her for taking custody claiming retention of custody and guardianship with the mother would be ill-suited in the givern circs.


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