Current location - Quotes Website - Signature design - Do you need the consent of the head of household to move out of the children's household after divorce?
Do you need the consent of the head of household to move out of the children's household after divorce?
Legal analysis: According to the original law, the name change of children whose parents are divorced requires the consent of both parents. At present, it is stipulated that only one guardian agrees, and it is not necessary for both divorced parents to agree to change their names. Adults need to change their names at the household registration office. Of course, the correct way for children to change their surnames after divorce is to seek each other's opinions and negotiate. As for how to write the content of the "consent form", it is very simple. "Agree to change the name of xxx"-sign and seal (or fingerprint), and indicate the year and month. No matter during the marriage or after divorce, children can take their father's surname or mother's surname.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.