There are a number of things that need to be settled during a divorce proceeding. There is child custody and support, division of marital estates, visitation rights and arrangements, among others. However, there is one issue that is less discussed but also deserves merit. One of the matters that need consideration is whether or not you will retain your child’s family name after the marriage is dissolved.

There are cases wherein a woman opts to return to her maiden name after the divorce but prefers not to change the child’s name. In case the mother wants to change the child’s name too, a heated debate between the former couple starts to erupt.

Here are some ideas you might want to know regarding changing a child’s name following a divorce.

Available Options for Child’s Name Change

If there are minor children involved in the divorce, one of the parents, usually the mother, can petition for a surname change. In case the father has received a copy of the petition but did not file a counter petition or waived the petition, there is no longer a need to obtain the father’s consent to change the surname of the child.

Other options can be taken by the other parent, such as the following:

• Standalone name change. The court usually approves such motions considering the child’s best interest and welfare. However, the father has to sign a notice of the action or the mother has to prove to the court that the father can no longer be located or is no longer interested to take action on the matter.
• Stepparent adoption. In the event that the mother marries another man who wants to adopt the child legally, most judges will rule in favor of the adoptive parent and will terminate the biological rights of the father. The surname of the adoptive parent will then be carried by the child as per court decision.
• Direct adoption. A child’s name can also be changed even without the father’s consent through direct adoption or re-adoption by a foreign individual.

Court Considerations in Changing a Child’s Name

Although you can easily decide to change the name of your child after the divorce was finalized, the court’s decision has to be followed. Thus, the process would entail legal and court intervention. Just like any other court proceedings, the court will focus not on what you or your former spouse desires but will consider the best interest of the child.

One of the things that you need to note is that the petition to change your child’s name is usually not a part of the divorce proceedings but a separate legal action, unless it was specifically stipulated in the divorce process. Some of the aspects that the court will consider in granting the petition to change a child’s name include the following:

• How long has the child been carrying the current name
• The premise that the child can identify with the new family
• The bond or relationship of the child with the father
• The extent of possible psychological effect on the child by changing his or her name
• Following the court decision to grant the mother sole custody of the child, then it would be beneficial for the child to change his or her surname as well

Based on these factors, the court will decide whether or not changing the child’s name will serve his or her best interest and welfare. In certain situations, a name change for the child may be necessitated depending on the circumstances of the divorce. Some of these circumstances include parental abuse, voluntary termination of parental rights, and/or involvement of the parent to criminal behavior.

What happens after a child’s name change?

The moment the court grants your petition to change the name of your child, it will not affect the prior arrangements you had with the other party, such as child custody, visitation rights or child support, and other circumstances. As a matter of fact, the court decision does not have to change the other parent’s relationship with the child nor his biological identity.

Changing the child’s name will not affect the father’s obligations or arrangements, unless the latter petitions for specific amendments of the arrangement before the court. To help you with the process, it would be best to hire a reputable family lawyer in your area.