Can I Change My Child's Last Name After Our Illinois Divorce is Finalized? 

 Posted on March 08, 2022 in Divorce

Many people in Illinois change their names when they get married, including, more recently, those who choose to hyphenate their last name with their partner’s. But after divorce, most spouses who changed their name during the marriage wish to change it back. While Illinois divorce law allows a spouse to change their last name in the divorce decree, changing a child’s name presents a more challenging problem. 

Is Changing the Child’s Last Name in Their Best Interests? 

Parents who wish to change their child’s last name after a divorce must petition an Illinois family court and argue that the name change would be in the child’s best interests. The judge overseeing the case must agree. But just because the parents do not get along and one parent has the majority of parenting time does not mean he or she will get an automatic approval to change the child’s last name. Judges can consider several factors when deciding whether to approve a name change request for a child, including: 

• What is the relationship between the child and other family members, including the parent, who share the child’s current last name? 

• What is the parent’s relationship with the child, and what does he or she think about the name change? 

• Does the child want to change their last name? 

Even if a court approves the request to change a child’s name, parents should keep in mind that the last name bears no influence on which parent has or will have parenting time or parental responsibilities. These are separate issues that must also be decided according to a child’s best interests. 

Can I Use A Different Name for My Child Without a Court-Ordered Name Change? 

Some parents will, without approval from the court, try to begin using a different last name for their child on public and private documents, such as school enrollment or doctor’s office visits. This may seem like a practical way to avoid the hassle of going to court and changing a name. But if the other parent objects, he or she can go to court and get an injunction against the parent to prevent them from changing the child’s name on anything without permission. A court may not look kindly on a parent who shares parental responsibilities but who feels empowered to unilaterally make major decisions for the child on his or her own. 

Meet with an Experienced Wheaton, Illinois Child Custody Lawyer 

Deciding how to handle your child’s future after a divorce can be difficult and contentious when their other parent disagrees. If you need help with child-related issues, or any other part of your divorce or post-divorce proceedings, the skilled team of Wheaton child custody attorneys at The Stogsdill Law Firm, P.C. can help. Call us today at 630-462-9500 to schedule an initial consultation and learn more about what we can do for you. 

Source: 

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K21-101