How Do I Change My Child’s Name After an Illinois Divorce?

 Posted on July 24, 2024 in Children of divorce

Changing a name is a significant and personal step for a person, especially after a divorce. When a spouse changes her last name back to her maiden name, it reflects a change in marital status. It also indicates a new personal identity and a change in the family dynamic.

A father or mother might also want to change the name of his or her child after a divorce. However, this is not as simple as a spouse changing her name. Because both parents by default have equal rights to their child under Illinois law, both of them must be involved in the decision to change the child’s name. Note that this does not mean both parents must agree to the name change; only that they must be involved, as we will discuss. Speak with an Illinois family law attorney if you are considering a name change for you or your child.

What Is the Legal Process for Changing My Child’s Name?

If you want to change your child’s name after divorce and your co-parent agrees, the process is fairly straightforward. You can complete a Request for Name Change (Minor), which you will both sign. After you file the papers with the county clerk, a date will be set for a court hearing where you will both be required to appear. The judge is likely to approve the name change unless he or she feels for some reason that it is not in the child’s best interest.

What If My Co-Parent Does Not Agree?

If your ex-spouse does not agree to the name change, the process becomes more complicated. The steps you must take are as follows:

• File the Request for Name Change (Minor) with the county clerk. The petition will only have your signature.

• Serve a copy of the papers to your co-parent. This is usually done by certified mail, the sheriff’s office, or a process server.

• Appear at the hearing that is set. The judge will want to hear arguments from both sides before deciding whether a name change would be in your child’s best interest.

How Will a Judge Decide If it Is in the Child’s Best Interest?

The judge will look at several factors to determine whether the name change will be in the child’s best interest, such as:

• Each parent’s wishes

• The child’s wishes

• The reasons for the child’s wishes

• How the name change might affect the child’s quality of life

• How the child gets along with his parents and siblings

Contact a DuPage County, IL Family Law Attorney

Making permanent decisions about your child after divorce can be a complicated process, especially if the other parent does not agree. Consult an experienced attorney at The Law Office of Matthew M. Williams, P.C., where we excel at simplifying complex legal tasks and offering top-tier legal services. Call 630-409-8184 to speak with an excellent Kendall County, IL family lawyer today.