Sometimes, when divorced or separated parents part ways, one parent may not wish to continue a relationship with their child other than providing required financial support. Because of the parent’s absence from their child’s life, the parent with custody, and often their child, may wish to change the child’s surname to the parent they are close to or to the surname of a parent’s new partner or spouse.
The situation begs the question of whether a child’s name can be changed without the consent of both parents. In some circumstances the answer is yes. If parental rights have been legally terminated, the parent with custody can change the child’s name without permission. If a mother has sole custody and paternal rights were never established, the mother can also change the child’s name. In cases where a petitioning parent cannot locate or notify the absent parent, they may be able to change the child’s name depending on the circumstances.
Notifying a Parent of a Name Change Petition
In cases where the other parent has not terminated parental rights and can be contacted, the parent must notify the other parent of the name change petition, giving them the opportunity to object. If the other parent does not consent, the court will consider what is in the best interests of the child, weighing factors such as the wishes of the child and their need to identify with their new family unit; the length of time the child has had their existing surname; how the change might affect the future relationship with the parents; and other relevant factors including whether a parent has effectively abandoned a child for a significant period of time.
Contact an Experienced Family Law Attorney for Help
Parents that have separated often have questions regarding how the new situation impacts their child. If you have questions regarding child custody and support, terminating parental rights, establishing paternity, or have questions regarding adoption of a child by a new spouse, contact Probst family law for immediate assistance at 414-210-3135.