Parents may seek to change the last name (surname) of their child for several different reasons. A petition will have to be filed with your local family court to legally change a child’s name, and the court will have to determine if the name change is in the child’s best interest. If the court approves the name change, it will issue an order, and the name change will be official.
This article will outline the common reasons for a child’s name change.
Changing the Child’s Name After the Marriage of the Mother
One of the most common reasons for a parent to seek to change a child’s surname is marriage. When a mother marries a man who is not her child’s father and takes his last name, she frequently wants her child to take her new last name. Changing a child’s name after marriage is common and accepted by most courts.
Changing the Child’s Name Following a Divorce
Some parents will want to change their child’s surname when they divorce. If a mother resumes using her maiden name after a divorce and she is the custodial parent, she may prefer that her children use her surname and will ask the court to change the children’s last name. Most mothers want to have the same last name as their children. Changing a child’s name after divorce is common and accepted by most courts.
Changing the Child’s Name After Experiencing Domestic Violence
A domestic abuse victim may seek a name change for herself and her child to protect them from their abuser. In these circumstances, most states will allow a minor’s name to be changed as part of a divorce or protective order proceeding.
Changing the Child’s Name to Match the Surname of the Mother or Father
If the father is not present in his children’s lives, it is not uncommon for a mother to ask the court have the children’s last name changed to hers. On the other hand, a name change to the father’s last name may also be sought if a previously absent father is now present in the children’s lives. The courts routinely grant a name change in this situation.
Changing the Child’s Name by Hyphenating the Surnames of the Parents
Another popular trend with children whose parents have different last names is to create a new last name that honors both parents. Creating a new surname using parts of each parent’s last name or hyphenating the two last names to form a brand-new last name is becoming common.
Changing the Child’s Name Because of Transgender
If a child is transgender, the child may request a name change to reflect the appropriate gender. The name could be changed to the feminine or masculine form of the current name or could be a new name altogether. The court will likely scrutinize this type of name change. The court must determine if the name change is in the child’s best interest. In this situation, a judge will likely require expert medical and psychological testimony before granting a name change to a minor.
Changing the Child’s Name Because of Religious Beliefs
If a parent has had a recent religious conversion or desires to honor their God, it is not uncommon for the parent to change their name to reflect their religious beliefs. Name changes for religious beliefs are quite common. If a parent takes on a new name for religious reasons, it is not uncommon for the child to have a name change as well. The courts routinely grant a name change in this situation.
Changing the Child’s Name Because Paternity has been Established.
Parents may want to change the child’s name if a child is born with the mother’s surname if paternity is established later. Every state will allow the child’s surname to be changed to the father’s name if the biological parents decide to marry after the child is born. If a petition to establish paternity has been filed and DNA evidence proves paternity, the father can ask the court to change the child’s last name to his.
Many states allow a birth certificate to be amended to add a father’s name and change the child’s name up to a year after the child’s birth. If you are still within this period of time, contact your local office of vital records and file the application to amend the birth certificate. This will avoid an expensive trip to the courthouse.
Changing the Child’s Name Because of Adoption.
Most adoptive parents usually want the child to have their surname. A name change is often part of the adoption process, and in many states, you don’t need to file a separate petition to change the child’s name. Instead, the judge will change the child’s name as part of the adoption order.
Changing the Child’s Name Based on the Child’s Preference
In most states, when a child reaches a certain age, the court considers the child’s preference for a name change. The judge will hear from the child about a name change requested by his parents, but he cannot request a name change on his own until he is 18. Most of the time, a name change is allowed if both the parents and the child agree and the court thinks it is in the best interests of the child.
Who Can Legally Name a Child?
Both legal parents of a child have the right to petition the court to change the child’s name. However, neither parent can legally change a child’s name without the other parent’s consent. If one parent does not consent to the name change, that parent will have the right to file an objection with the court and present evidence as to why they believe the child’s name should not be changed.
If the parents disagree on the name change, the judge will hear evidence from both parents, and the court will decide if the name change is in the child’s best interest.
How to Change Your Child’s Last Name
Different states have different rules about changing a minor’s legal last name, but the basic steps are the same everywhere. To change a child’s name, the parent must file a petition in the family court that serves their area, which is usually a county circuit court where the child resides.
A parent requesting to change the child’s name must notify the other parent about the proposed name change so that parent can agree or disagree. If a parent objects to the name change, they will have to file an objection to the name change with the court.
When the court sees that the name change is contested, the court will set the matter for a hearing. The court will order the parents to come to a hearing and present evidence of why changing or not changing the child’s name is in the child’s best interests. If the court decides that the child’s name should be changed, a name change order will be issued, legally changing the child’s name.
If the court decides the child’s name should not be changed, the judge will issue a decree denying the request for the name change.
A Name Change Must be in the Child’s Best Interest
When making a decision about a child under 18, courts usually use the “best interests of the child” standard. You should have no issues as long as the judge determines that the name change is in the child’s best interests.
When deciding whether a name change is in the best interest of a child, the judge will consider several factors, including:
- The child’s age.
- Whether the name change will impact the child’s development.
- Whether the name change will impact the child’s relationship with either parent.
- The length of time a child has had the current name.
- Whether the new name will cause the child difficulties with harassment or embarrassment.
- Whether the name change will cause insecurity and a loss of identity for the child.
- The parent’s motivations for the name change.
- Whether both parents agree to the name change or if there is a disagreement as to the propriety of the name change.
The judge will consider these things and then decide if the name change is in the child’s best interest. If the judge thinks that changing the name of a child is a way to avoid legal responsibilities or to keep the child from having a relationship with the other parent, the name change will not be allowed.
What Documents Will a Parent Need to Change a Child’s Name?
Most states require the following when applying for a name change:
- A petition for a change of name will need to be filed with the family court. You will likely need the help of an attorney to file this.
- A certified copy of the minor’s birth certificate. This can be found at your state’s Office of Vital Records.
- Identification with a photograph of the person filing the name change petition on behalf of the child
- A signed parental consent form from the non-filing parent if there is agreement on the name change.
- Most states will require a certified copy of the death certificate to be filed with the court if the other parent is deceased.
What if the Other Parent Objects to the Change in the Child’s Name?
If a parent files a petition to change their child’s name, the court will require that a notice be sent to the other parent. If that parent objects to the proposed name change, the parent must submit an objection to the court, stating their grounds for objecting. Most states have a form a parent can use to object to a name change.
When the court receives an objection, it often stops the name change process and sets a new date for an evidentiary hearing. If an evidentiary hearing is scheduled, the objecting parent will testify and say why they believe the name change is not in the best interest of the child. If the non-consenting parent does not appear at the evidentiary hearing to object, the judge will take this into account when deciding whether or not to approve the name change.
What if the Other Parent is Not Involved in the Child’s Life and They Still Object to a Name Change?
The parent who files the name change must notify the other parent, even if that parent is not involved in the child’s life. Most of the time, the other parent is given a copy of the name change petition so that they can agree or disagree with the change.
In most states, the court will order a newspaper notice of the intent to change the child’s name if the other parent cannot be found or has no known address. This rule is different for each state, so it is best to ask the court clerk what the rules are for your court.
If an absent parent files an objection to the name change, the court will set the matter for an evidentiary hearing, and both parents will get to explain their position on the matter. The court will take into consideration the extent of the parent’s relationship with the child when making its decision.
What if the Father’s Name is Not on the Birth Certificate? Does That Father Receive Notice That You Are Requesting a Name Change?
When the father’s name does not appear on the birth certificate, the mother has full legal custody of the child. If unmarried fathers are not listed on the birth certificate, they have no legal rights to their children. No notice is necessary if there is no father listed on the birth certificate.
If the father of the child is known and objects to the name change, he would be required to file a petition to establish paternity before his objection to the name change would be heard.