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Changing a child's name upon divorce.
A child's name may be changed by court petition when it is in the best interest of the child to do so. When deciding to grant a name change, courts consider many factors, such as the length of time the father's name has been used, the strength of the mother-child relationship and the need of the child to identify with a new family unit (if the change involves reMarriage). The courts must balance these factors against the strength and importance of the father-child relationship. It's up to a judge to decide which name is in the child's best interest.
Keep in mind that, even if you do change your children's last name, you won't be changing the legally recognized identity of their father. Nor will a name change affect the rights or duties of either parent regarding visitation, child support or rights of inheritance. Changes such as these occur only if the parental roles are altered by court order -- for example, a new custody decree or a Legal adoption.
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