Publication date: 02.04.2025
Expert in the field of family, civil, labor law, intellectual property law
Lawyer: Roman Andriyovych Sulik
Service: Changing the child's surname without the father's consent
Case: No 361/5492/24
Client's request: The mother of the child contacted lawyer Roman Sulik with a request to change the surname of her child. The reason for this was the lack of consent from the biological father, as he had not been involved in the child's upbringing for more than five years. The mother wanted to change the surname to her own, believing it would be in the best interests of the child, particularly regarding her emotional state, and would promote more stable and harmonious development. To exercise this right, it was necessary to go to court and obtain a decision on changing the surname.
Decision: Lawyer Roman Sulik, after a detailed consultation with the client and thorough analysis of the case, prepared a lawsuit in which all the circumstances were clearly stated to demonstrate that changing the surname would be the best decision for the child. As a result, the Brovary District Court of Kyiv region satisfied the client's claims and issued a decision to change the child's surname to the mother's surname. Thus, the child received a new surname that reflected her real situation and ensured stability in her life.
Legal justification:
- Priority of the child's interests: Changing the surname is in the best interests of the child.
- Actual lack of the father's involvement in upbringing: The father has not been involved in the child's upbringing for more than 5 years.
- Emotional comfort of the child: Changing the surname will positively affect the child's emotional state, as she has the surname of the father, who is avoiding his parental responsibilities.
Case difficulties:
- Proving the complete lack of the father's involvement in upbringing: It was important to confirm the absence of contact between the father and the child, which is crucial for changing the surname.
- Justifying the emotional impact on the child: The lawyers had to demonstrate how the presence of the father's surname, while he is not involved in the upbringing, negatively affects the child's emotional state.
- The need to prove that changing the surname is in the best interests of the child.
Strategy:
The lawyer prepared the argumentation based on collected evidence of the prolonged absence of contact between the father and the child, as well as the psychological impact of the father's surname on the child. The lawsuit emphasized that the child is raised by the mother, and changing the surname is in the best interests of the child.
Outcome:
The lawsuit was fully satisfied.
The child's surname was changed to the mother's surname.
Changes were made to the birth certificate.
The successful outcome of the case on changing the child's surname without the father's consent was made possible due to professional legal support, which helped the client achieve their legal goal. An important part of this case was not only the legal assistance but also ensuring the emotional comfort of the child, which is a priority in such cases.
If your child is suffering due to the lack of attention and support from one of the parents, we are ready to help protect their interests. Our legal practice specializes in cases related to changing the child's surname. You can contact us for a detailed consultation, and we will help you resolve this issue.
