Children's Change Of Last Name After Parents' Divorce

2008-04-28 12:10:42

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While you may have the right to use your maiden name after you and your husband divorced, this is not the case with your children. Tradition dictates that fathers have an automatic right to allow their children to retain their last names, provided that they continue to do their duties as parents. In legal perspective, however, this tradition no longer holds true. Change of last name, therefore, is no longer exclusive to the divorcee mother.

The law now allows your children to petition the court for change of last name. The only condition that the court looks for a legal change of name is that it is in the best interest of your children to do so. This may not be a simple process, however. You still have to ask your ex-husband's permission that your children will petition for change of last name. If your ex-husband will not agree, then you will have to convince the judge that it is to your children's best interest to have a change of surname.

There are several factors that a judge must consider before granting a change of last name. These factors may include the number of years when your children use your ex-husband's last name, how strong and stable is your relationship with your children, and in case you remarry, whether there is a necessity for your children to be identified with a new family unit. The judge will then proceed to determine if these factors outweigh that of your children's relationship with their father.

In case the court will grant your children the change of last name, you should keep in mind that it does not mean that the paternity of your children has also been changed. Your ex-husband is still the legally recognized father and has all the rights and obligations to your children.


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