If someone (usually a woman) changed their name when they got married, they sometimes choose to go back to their prior last name when the divorce. This is a highly individual decision based on a number of factors, including any children involved.
When a parent has a different last name than their child, it can confuse school and when dealing with other child-related activities. It can also prompt some additional scrutiny when traveling together – particularly by air.
Whether a parent never took their spouse’s last name or they reclaim their previous last name in divorce, can they legally change their child’s last name to match their own?
What is the process?
In Florida, any parent or legal guardian who wishes to change any part of a minor child’s name must file a name change petition. The other parent must be notified of the intent to change the child’s name as long as they haven’t lost or given up their legal parental rights – regardless of how little parental responsibility or time-sharing rights they have after the divorce. If both parents agree, they can sign the petition together.
Either way, there must be a court hearing to seek a judge’s approval and get a court order for the change. A judge has the final say in whether the name change can be made.
Any parent petitioning for a name change for their child must provide details about any criminal history or creditor judgments they or their child has. They must attest that they have no “ulterior or illegal purpose” for seeking the change.
There is no guarantee that a judge will approve a petition to change a child’s last name. That’s why it’s critical to be prepared to present a solid case for why it’s in their best interests. It’s a good idea to have legal guidance when taking this step.