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postdivorce (none)     28 September 2009

legal perspective on an issue here

(I run an NGO) My query is- my friend has been seperated for 5 years and recently signed a mutual consent divorce with no alimony and very small maintainance for her 2 daughters. Her married life with her x was just for 1 yr and she has twins. Now after divorce she wants to remarry a widower man who has one son, their understanding is excellent and all 3 children are classmates and they are a great family, However the daughters hate the previous father(natural father) and he has their visiting rights. and he also has taken the right to take the daughters home one weekend in a month as part of their mutual consent.

Now, the the lady wants to remarry and i have following queries 1)can she keep her prev marriage name , after her remarriage? 2)If she changes her name then can she change her daughters names as well as she has the permanent custody, but we have a strong doubt that the prev fathers NOC if required for name change he may not give 3)to change the daughters name does her new husband need to adopt them? 4)how can she and her daughetrs have the same name after her remarriage registration Or in other words does permanent custody gives her the right to change her childrens name?? and how can it be done??

BIG THANKS TO ALL OF YOU



Learning

 5 Replies

postdivorce (none)     28 September 2009

thanks much prabhakar, i was told some NOC from x is required as he has visiting rights, and also once the name of the child is changed from the name that appears on the birth certificate then his property right from his biological father also comes into a question. is it true?

our learned counsel should throw some light here....

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     29 September 2009

Ur friend has to file an application in the court to get the permision to change the name. She cnnot change the surname of her daughters coz untill they are given in adoption, it is not possible and in case, furture huaband ready to adpot the children then he can be a party to that application to get the fathers right. In this way children can also claim thier right with earlier father also.

Regards

adv.kamal.grover@gmail.com

postdivorce (none)     29 September 2009

thanks to adv kamal,

i would also like to know if prev fathers NOC is required if new father wants to adopt? only wife can give for adoption as she is a permanant custody holder??

Daksh (Student)     11 December 2009

Dear Postdivorce,

You need not to worry about anything you can change your as well as your child's name as you wish and there is no hitch in it. 

Best regards

Daksh


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