How to Change a Child's Last Name After Divorce
If you have sole custody of your child as a result of a divorce, you can get your child's last name legally changed. However, doing so may take some legwork and can not be done automatically. Instead, it will require a court order. Petitioning a court to change a child's last name usually requires a family lawyer's assistance and can only be done for minor children over whom you have sole custody. A name change does not relieve the other parent of their child support payment duties.
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Instructions
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Consult with a lawyer experienced with family law. Because the requirements for changing a child's name differ from state to state, you will want the assistance of someone who understands the laws in your state. If you cannot afford a lawyer's service, you may be able to fill out the required legal forms on your own, or you can consult with your local legal aid society.
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Obtain the proper forms to change your child's last name. These forms will vary from state to state, but generally they will include a name-change petition and a name-change order. You can find out what documents are necessary and obtain the proper documents by contacting your local county clerk's office.
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Obtain a certified copy of your child's birth certificate. Oftentimes you can get this through your state's Department of Health or Vital Statistics Office.
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Fill out all forms with the required information, which will include your name and address, your child's name and date of birth and information regarding the child's other parent. In some instances, even if you have sole custody, you may need to obtain permission from the other parent to change the child's last name.
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Submit the documents to the county clerk and pay the associated filing fee. This fee will vary from state to state and county to county.
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Wait to hear back from the court. If the court issues an order granting the name change, you will have to submit this to the county clerk.
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Tips & Warnings
If you can get a name-change order from the court as part of your divorce and you are awarded sole custody, you can bypass much of the paperwork and have your child's name changed to your last name, granted the other parent agrees. This, however, cannot be done in all states.
In some states, the other parent must be either informed of the name change or must agree to the name change. Be sure to follow through with these steps if it is a requirement.
In some states, you must provide a reason for the name change. Consult an attorney or a legal aid specialist to find out what your state considers a valid reason for a name change.
References
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