The Family Divorce Law Attorneys of Fischer & Van Thiel, PC, based in Carlsbad, CA, are dedicated to assist

Changing a Child’s Last Name after Divorce

When minor children are involved in a divorce, there are many different issues such as child custody and child support that must be addressed. One thing that is not often talked about is the issue of the child’s last name. Children in a divorce typically keep their last name, and divorce courts do not grant a name change simply because a divorce has been granted. However, some cases may warrant a change of the child’s last name, and in these cases, a parent, usually the mother, can file for a name change for their child.

If you are going through a divorce or considering divorce and have concerns about how it will bear upon your child, the San Marcos Family Law Attorneys of Fischer & Van Thiel, LLP, can help. We understand that divorce is a difficult time in a person’s life and is committed to helping our clients get through the process and secure the terms they desire. Contact us at (760) 757-6854 today.

Conditions for a Name Change

When it comes to decisions about children in a divorce, the court will always try to consider what is in the best interest of the child first. Therefore, if you wish to change the name of your child after a divorce, it must be for a valid reason. Some of the conditions where it is appropriate for a child to have their last name changed include:

  • If the child has been adopted by a step-parent
  • If the biological parent has no interest in maintaining a relationship with the child
  • If the biological parent has terminated their parental rights
  • If the biological parent was abusive or engages or has engaged in criminal activities

Granting a name change will not affect other decisions made about the other parent’s relationship to the child such as custody or child support.

Contact Us

If you and your spouse are considering divorce, the San Marcos divorce attorneys of Fischer & Van Thiel, LLP, can provide experienced and skilled legal representation. Contact our offices at (760) 757-6854 to discuss your case with one of our respected divorce attorneys today.