Dr. Vidhya Nagaonkar 18 January 2018

Change in sons name after divorce

I have taken divorce from my husband for his cruel behaviour and irresponsibility towards family. Sons custody is given to me legally. I wish to change his middle name and surname to maternal . But I am worried about social acceptance of his name with mothers name and what if he gets disturbed emotionally by this, he is just 6 years old. Please advise me how to manage this situation. I strongly don't want anything to be remains with our present and future life.

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Vijay Raj Mahajan (Advocate) 18 January 2018

Son's custody given to you but the divorced husband still is the biological father and natural guardian of the child. You both are natural guardians of the son unless you claim and get sole guardianship of your son, changing his name etc, may be objected by the father. More so the name of father in the birth certificate too cannot be changed. The inheritance right of son for his father will also remain intact although the son is at your complete custody.