Depending on the facts in the case, it may be possible to change a minor’s name to the mother’s maiden name after a divorce. A judge will have to determine that ordering such a change is in the best interest of the child. The court will look at how long the child has had the name and whether the change could cause harm to the child in the future.
While children have typically kept their father’s name in the past, courts do not always side with tradition. If the child has a stronger relationship with the mother than with the father, it may be better to allow the child to use the mother’s maiden name. However, a court may also rule that the child keeps the father’s last name as long as he performs his duties as a parent.
If the mother gets remarried, the child’s stepfather may ask that the entire family take the new father’s last name. It may also be possible for the children to revert back to the mother’s maiden name as part of the adoption process. Regardless of what name the child takes, it does not change child support, visitation or custody rights and obligations previously ordered by the court.
Consulting with a family law attorney may be worthwhile whenever a dispute arises during or after a divorce. It may be possible to get the parents together to resolve issues such as what name the child will take through mediation instead of going to court. However, an attorney may be available to represent a parent in court if necessary.
Source: Findlaw, ‘Changing Your Name After Divorce”, Accessed on Jan. 16, 2015
