Divorce and children can have a huge impact on a woman’s life, especially when she is emotionally torn between caring for her family and trying to earn a living. When a couple gets married, the spouse will typically take the last name of her husband. There have been occasions where the wife chooses to keep her maiden name and the children’s last name may be a combination of both the spouses last name. In most marriages, the children often end up with their father’s last name. Following a traumatic or bitter divorce, the woman may desire to change her name along with her children’s.
Legal Requirements For Name Change
The family courts in the past felt it was the father’s right to have the children keep his last name. However, judges will take many factors into consideration, such as:
- The age of the child, whether school age or not
- How long the child has been using the father’s last name
- The bond between the mother and child and their needs to identify with a new family once she has remarried
- The relationship of the children and the father
- The father’s involvement in raising his children
- Whether or not there has been domestic violence, such as child or spousal abuse
- If the father is incarcerated or has committed a heinous crime that would negatively impact how the children are viewed by society
The court may require the consent of the child if they are age 12 or older in some jurisdictions. When one parent wants to change the last name of the child and the other does not agree, the judge will hear arguments from each side before making a decision. If both parties agree to change the child’s last name, they can simply fill out a “Declaration for Change of Name” and file it with the local registrar’s office of births, deaths and marriages.
The Benefits of a Name Change
After a divorce, many women choose to get remarried and make a fresh start. When the children have one last name and the parents have a different one, this can be very confusing for the child. If the new spouse adopts the children, changing their name can be done during that legal procedure. Once the children are adopted, the biological father’s rights are terminated.
If the woman gets sole custody of the children, and the father does not play an active role in their lives, the judge may decide that it’s in the best interest of the children that the family all have the same name.
When to Consult a Family Law Attorney
There are many difficult decisions to be made following an emotional divorce. Reclaiming your maiden name may be an easy decision for you, but changing the name of your children may have a huge impact on their lives. Adolescents who have been using one last name may be reluctant to have it changed for a variety of reasons. If you are struggling with these types of issues, it may be in your best interest to contact a family law attorney for legal help and advice.
