Changing a Child's Name After Divorce

 Posted on June 06, 2017 in Children and Divorce

When women divorce, they often revert to their maiden name if they took their husband’s surname during the marriage. The process in Illinois is relatively straight-forward. A woman can:

• Add a provision in her divorce settlement that allows her to take back her maiden name;
• Use the settlement documents to obtain a new social security card and driver’s license; and
• Present her new identification cards when updating other documents and accounts in her name.

If a woman has primary allocation of parental responsibilities, she may also want to change her children’s last names to her maiden name. However, the mother must receive court approval, and a request to legally change a child’s last name may face heavy scrutiny.

Process

An application to change a child’s name must be filed separately from the divorce negotiations. After the mother has submitted the paperwork, the court will schedule a hearing on the matter. The father must be notified and given a chance to respond. If the father cannot be found, a notice of the hearing must be published for three weeks in a newspaper of record distributed in the area of his last known residence. At the hearing, the mother must present evidence as to why the name change is in the best interest of her child. If the change is granted, the mother must file for a new birth certificate and social security card for the child.

Reasons for Change

A court is most likely to approve a child’s name change if the father agrees or does not respond to the court summons. Otherwise, the mother must prove that the change would be beneficial for her child. Arguments may include:

• The father will be largely absent from the child’s life;
• The change will strengthen the child’s connection to the mother, who is the primary parent;
• The change will allow the child to identify with a new family, if the mother has remarried;
• The father has a criminal record, which the mother does not want the child identified with; or
• The child wants the name change and is old enough to make that decision.

Reasons Against Change

Unless the mother presents compelling evidence, a court may favor maintaining a child’s current name. The mother can have practical reasons, but changing a child’s name is seen as disruptive. A father has the right to maintain his relationship with his children through a shared last name. The court may also consider how long the child has had the last name and how a sudden change would affect the child.

Family Law

Whether you are a mother trying to change your child’s last name or a father trying to prevent that change, a Kane County family law attorney at Goostree Law Group can represent you during the court hearing. Call 630-584-4800 to schedule a free consultation.

Source:

https://www.illinoislegalaid.org/legal-information/how-change-minors-name