A lot of things change after a separation. This not just affects the couple but also the children involved. One such change is their surname. While it may not be mandatory to take back your maiden surname after, many people choose to as a part of closing the chapter for good.
If you decide to change your surname, your ex-partner has no say in that. However, if you wish to change your child’s surname, you need to prove if that is in their best interest. This article will tell you how you can change the surname of your child after your divorce and what are the regulations surrounding it.
Changing Your Child’s Surname After Divorce
Studies show that courts usually have preferred that, post-separation, the children keep their father’s surname, provided the father has no objection and confirms to continue his role as a father. But things are different now with the modern nuclear family compositions. The court of law will change a child’s surname only if it is in the best interest of the child. Today, parents can be of the same gender which nullifies the father-mother rule.
There are several factors a court takes under consideration before changing the surname of the child. They are:
● The period of time the child has used the last name
● The relationship of the child with the other parent
● The child’s relationship with their siblings
● If the change is because of a remarriage then the child's emotional value with the new family is also considered, and
● The wish of the child considering the name change is also taken into account.
There is no guideline or rule as to when the court of law will consider the request to change a child’s surname after a separation. The judges focus on the factors mentioned above and weigh the pros and cons of the surname change. They also factor in the child’s relationship with their parents individually. So, it is up to the court of law to decide if a change in the surname is necessary and if it would be in the best interest of the child.
You must also bear in mind that even if you change the surname of your child, it does not affect the identity of the parents. This will also not affect the legal rights, custody, child support, or inheritance rights of the child from their other parent. These changes only fall into place if the court of law changes the parental roles. For instance, if the law orders a new legal step-parents’ adoption or new custody for the child.
Steps to Take After Changing Your Name or Child's Name
Post changing the surname of your child, you must let the others know of it. You need to update it on the driver’s license, credit cards, legal documents, etc. You also need to inform the school, doctors, and social security admin about the same. You also need to produce the name change certificate wherever required.
Conclusion
You must follow all legal proceedings and approach a child support lawyer to change the name of the child. You must be truthful to your child support lawyer about your reasons and never take any illegal steps to achieve your goal.