Changing a Dependent Minor’s Last Name
While it’s not written in stone, and there are exceptions, courts often don’t change a minor’s last name after a divorce. There are exceptions to this rule of course, and in these cases courts may grant the custodial parent’s request to change the child’s last name. In order to request a name change for a minor you must submit a formal name change request to the court.
Downloadable Name Change Forms
(from US Legal Forms, starting at $27.95)
The court will often consider allowing you to change your child’s last name if the child is adopted by a step-parent, or if the biological father (or mother) has terminated his (or her) parental rights. You may also be able to change your child’s last name if the father (or mother) shows no interest in maintaining a relationship with the child or has been abusive and/or exhibited criminal behavior.
The bottom line is that in order to have your child’s name changed, the court has to consider it to be in the best interest of the child. You generally may not change the child’s name simply because you and your spouse are getting divorced. Minors’ name changes – when they are done – are generally done in a separate legal action (not as part of the divorce case itself).
If the court does grant a name change, this in and of itself does not terminate the non-custodial parent’s rights to visitation or his/her obligation for child support. These issues would need to be addressed in a separate custody or support modification hearing.
6 Comments
what happens when a child has used the mothers name since she could speak and is now 14 to be 15 in April. the past court papers state she has used the mothers maiden name they have not forced us to stop. now the minor wishes to change it legally. the bio father was going to sign papers years ago but the new wife talked him out of it… can the minor petition the court to change her name???????
My daughter was born with my last name. when she was one i married her father and changed her name. Now sheis two and we just finalized our divorce. Can i change it legally if it was her birth name?
My ex husband has been in and out of jail for the last 8 years, and at his choice has had virtually no contact with any of my three children until his most recent incarseration. My children (9,11,15) do not want to use his last name. They remember his violence, and his currnet incarceration punctuates that even further. Most of the charges against him have been for drugs and viloence against police. My current husband is their “daddy” and will remane so. Do I have enough grounds in the state of Oregon to petition the courts for a change of last name for all three children to my current married name?
I have a two year old daughter. I was thinking about changing her last name from her so-called father last name to mine. Her father has not been in her life and has not once helped me out with her. He however has his name on her birth cert.and he signed her paperwork but he doesn’t acknowledge her as his. I was wondering if it is possble for me to do so?
I have a three year old son that has my last name. his bio father has never contacted him and could care less about him. His real dad, that has been with him since he was 9 months, and i are planning on getting married and our other children all have his last name and was wondering if it would be really hard to change my son’s last name to my fiance’s? I live in Washington State.
My son is almost 5 years old. I legally separated from his father when our son was 11 months old and then finalized a divorce. My ex husband is in the military…. for the first 5 months of my sons life his father was overseas. We then lived together as a family for 6 months. My son is a jr. to his fathers name, his father has maybe spent 3 and a half days with his father since I legally separated from him. His father lives half way across the country from us and by me making numerous attempts he still does not try and contact our son. The only thing I receive is child support due to the military handling it. My son goes by his middle name, not his legal first name (always has since he was born). I want to change his first name to his middle name (what he is always called), change is middle name and add my last name in with his fathers last name. Is this possible in the state of Kansas?