How can I change a child's last name during a divorce?

If you are getting a divorce, you may be interested in how to change your child's last name. However, one important thing to note before you begin the process of trying to change your child's last name is that this is not automatic. If your child was given a name on his or her birth certificate that belonged to his father, you cannot just change child last name because you feel like it or because you aren't going to be with the father any more- there has to be a legally valid reason for doing so. The same is true for a father who wishes to have a child's last name changed to  match his own, although things can become even more complicated if a father is making a petition for a name change since he may need to prove he is actually the father in certain cases like these (i.e. if the parties were not married and he wants the child to carry his name)

The exact rules and process for how to go about changing a child's last name are going to vary. You generally have to petition the court in the area where you or the child lives in order to change the child's name. If there are objections to doing so, the court will listen to those objections. The court, as in all things dealing with children and divorce, will make its decision on whether a child's name change should be granted or not based on whether that court believes it is in the best interests of the child to make the change or not. 

If you are trying to petition to have a child's name changed as a result of a divorce, you may wish to get a lawyer to assist you throughout this process.