How to Change Child's Last Name

If you and your spouse are getting a divorce, and it is decided that the child is going to live with you, i.e you are getting the child's custody, you can change your child's last name. A child born before marriage is said to be born out-of-wedlock. In this case, you can change your child's last name. Usually, when a child is born out-of-wedlock, the child gets the mother's surname. However, if the parents marry after the birth of their child, the child's last name can be changed to the father's surname. Imagine a situation wherein married partners having a child decide to divorce. In this case, the child's last name will have to be changed.

Obviously, a child cannot change his own surname officially or legally because he is not old enough to do so. Changing a child's last name can be done by a family law attorney. Changing your child's last name doesn't cost you a lot of money. Follow the given steps and you will not find changing your child's last name very difficult.

Getting Custody of Child
If it is decided that the mother gets the child custody after divorce, she needs to change the child's last name to her maiden name. If the mother is the only child of her parents, she might want someone to carry on her family name, wherein she will want to change the child's last name to her maiden last name.

If the father is not providing for the child's education and other living expenses, the mother might think of changing the child's last name to her maiden name as she is the only caretaker of her child. The child may not be accepted by society, he may find it difficult to accept this name change. But the mother needs to be brave enough to go by her decision of changing the child's last name and give her child, an identity of his own.

It is easy for the mother to change her own name after getting a divorce. However, legally changing the child's name can get difficult, because the child has another legal parent, his father. If the father is supporting the child financially and shouldering his responsibilities towards the child, he has the right to give the child his last name.

Going to the Court
The father and mother can battle it out in court and the judge can decide whose last name the child keeps. The decision is difficult if both the mother and father are close to the child. The decision is easy if it is obvious that one parent has abandoned the child. The judge has to keep the child's best interest in mind.

The Judge's Decision
There are many factors the judge has to look at, when making his decision. The first factor is the period of time during which the child had the father's last name. If the mother is marrying after the divorce, then the second factor is whether the name change is needed for the child to be considered as part of the new family. There is no problem is the father gives his consent to the name change.

The mother has to go to court for legally changing a child's last name. Certain legal formalities have to be completed by the mother before the name change is implemented, which includes registering the date, time and place of name change and getting the fathers approval for the change of the child's last name. It is legally binding on the lawyer to publish the changed name in newspapers so that everyone is informed of it. However, the name on the child's birth certificate still reflects the father's last name. And the father has visitation rights on the child.

I hope this has helped you understand how to change child's last name. Changing child's last name is not merely a name change; it is the process by which the child gets a new identity, a new name to carry for a lifetime.