Change of the name of my minor son after my second husband
I have a 9 years old son. I hav got a divorce from my 1st husband on basis of mutual concent.
it was mentioned in divorce order that "The custody of the minor child ,should be with mother."
he had paid maintaince in one time , in the form of FDI on the name of the child.
Before divorce,we have signed a MOU in the course of mediation, which was submmited in the court, according to which my 1st husband is having visiting rights of the child once in a month at a mentioned public place...
Bt he visited the child for 1st 3 months and after the gap of 5 months he visited the child again.. there after he didnt visit the child again.
3 months back, we served him a lawer notice asking him to visit the child on the next day of visit, as per the agreed terms and conditions of MOU and we waited for 2 more months. bt he didnt come.
a month ago we served him another notice, declaring that "as he is not followong the terms and conditions of the MOU, The MOU stands cancel and here after he dosent have any rights on the child and i, alone own all the rights on the child, even the right to give the child for adoption..we gave him 15 days time. its been a month and we didnt recieve any reply from him.
my son hates his biological father like any thing, he refuses to meet his biological father. my son doesent even say his own name or surname if any one asks him, as my son had very bitter experiences with his biological father..my son dont even want to hear name of his biological father...
on the suggesion of my son's pshycologists,i got re-married. my son and my second husband are very happy with each other..both my son and my 2nd husband want to change my son's name legaly and want to have my 2nd husband's name as father of my son.
As we dont want to have further legal problems in this regard.. my questions are...
1.as i hold custody, can we change my son's name along with father's name and sur name after my 2nd husband, by a gazette? if yes, how?
2. can i give my son's adoption to my 2nd husband? if yes, how?
3. weather my 1st husbands NOC is required in any of the above cases?
plz give me a practical solutionto this problem in favour of my child..
he had suffered a lot all these years along with me..
he is under going treatment by child pshycologists and pshycyartist to come out of that pain...
my 2nd husband is helping him a lot in this regard.....
we want my son to lead a happy and peaceful life here after...
thanking u sir,
wating for a favourable solution..