Child's Name After A Divorce: Can You Change It?
When you get married, typically one spouse takes the last name of the other. When you have children, most likely your child has the same last name as both of you. If your marriage is ending, you may want to go back to your original surname. However, you may also want your child to have your surname as well. The question becomes whether or not you can or should change your child's last name after your divorce. Here are some things you need to know.
Should You Change the Name?
This is a personal question and has to be figured out between you and your former spouse. Changing a child's last name, especially if the child is older, can be confusing and even be overtly emotional for the child. Ultimately, you have to ask the court for permission if you decide to move forward with the change.
This process will vary from state to state but is similar in nature for the most part. You will file a petition with the court to ask for the change in surname. One parent has to inform the other about the request for the change. Courts will not consider the name change unless this step is complete. You have to give the other parent a chance to argue their position on the matter.
Does Custody Factor into the Process?
When you divorce, you and your spouse should have a custody order in place. Custody does not always factor into a surname change request. Where a child lives or which parent has legal custody does not mean a parent can then feel justified in changing the child's name. Even if the child primarily lives with you, you cannot justify changing the child's name to match yours. The other parent still has a say.
How Does the Court Decide?
After you file a petition for a name change, the court will take several factors into consideration when making the decision. First, the court will examine the relationship between the child and their parents. If the other parent has a solid and present relationship with the child, a court will be hesitant to change the child's name. The judge may think you are making an attempt to change the name for spite, particularly if your marital relationship was volatile.
Paternity is another consideration. You may have trouble changing the name if there are not issues in proving the paternity of the child. Additionally, the court will consider if the name change is beneficial to the child or not. If the change seemingly will do harm to the child in the long run, a judge may not be willing to approve.
For more information, contact a family law firm in your area.
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