April 29, 2024, In Child Support
Our Los Angeles family law attorney at Whitmarsh Family Law, PC, knows it is not unusual for one spouse to change back to their given or family name from their married name after a California divorce.
Changing back to a family name can symbolize closure and the beginning of a new chapter in life after divorce. It may help individuals move forward emotionally and psychologically from their past marriage. While the process is straightforward and can be included in part of your divorce proceedings if you choose, our Los Angeles County family lawyer knows that changing your children’s last name to your family name after a divorce is much different.
Parents need to know about their legal options for changing their children’s last name from their married name to the other parent’s family name, depending on the circumstances.
Ask the Other Parent to Consent to the Name Change
If you want to change your child’s last name to your family name — away from the other parent’s last name — after a divorce, you can ask your ex-spouse to consent to the name change.
If both parents agree to the name change, they can petition the court to request the change. The court will typically grant the name change as long as it is in the child’s best interests.
What if the Other Parent Objects to the Child’s Name Change?
If one parent objects to the name change, the requesting parent must petition the court independently and demonstrate that the change is in the child’s best interests.
The court will consider various factors, including:
- The child’s preference if the child is old enough to express a choice.
- The reasons for the name change.
- The potential impact on the child’s relationship with both parents.
If the child’s other parent disagrees, they can oppose your request.
In cases where one parent has sole legal custody, they may have more authority to change the child’s last name without the other parent’s consent, but the court will still consider the child’s best interests.
Contact Our Skilled Family Law Attorneys at Whitmarsh Family Law, PC Today
If you have questions about changing your child’s last name after a divorce, contact our skilled family law attorneys in Los Angeles County at Whitmarsh Family Law, PC, by calling (310) 552-3505 to schedule a free consultation today.
We can help provide solutions that produce results.
