FAQ: Can I change my child's name after a divorce?

Frequently Asked Questions About Name Changes

While it's not written in stone, courts typically don't change the child's last name after a divorce .

There are exceptions to this rule of course, as in the case of a step-parent adoption or in cases where the biological father has terminated his parental rights.

The court may also consider allowing you to change the child's last name if the father shows no interest in maintaining a relationship with the child or in cases of abuse and/or criminal behavior.

In order to have your child's name changed, the court would have to consider it to be in the best interest of the child. The court will not change the child's name simply because you and your spouse are getting divorced.  Child name changes - when they are done at all - are generally done in a separate legal action - not within the divorce case itself.

If the court does grant a name change, this in and of itself does not terminate the father's rights to visitation or his obligation for any child support . These issues would need to be addressed in a separate custody or support modification hearing.