Can I Change My Child’s Last Name After I Get Divorced? 

 Posted on June 20, 2025 in Divorce

After a divorce, parents often feel that their child’s last name no longer reflects their identity or relationship. Some want to remove their former spouse’s name altogether. Others wish to hyphenate or restore a maiden name for the child. This is especially true for parents coming out of very difficult marriages who now have full custody of their children. 

In Illinois, changing a child’s last name is possible, but the process is more involved than simply requesting a form. When parents do not agree on the change, the matter often goes to Court and the outcome will depend heavily on what the Judge believes is in the child’s best interest. For more information about whether you can change your child’s name after a divorce, contact our Palatine, IL parents’ rights lawyer.

Does a Parent Have the Right to Change a Child’s Name Without Consent From the Other Parent?

Usually, both legal parents must consent to changing a minor’s last name. When both agree, the process is relatively straightforward. A Petition for Name Change is filed, and the Court will usually approve it after a brief hearing. However, when one parent objects, the parent requesting the change must prove that altering the child’s name is in the child’s best interest.

Throughout Illinois, this analysis follows standards set by case law. A Judge may consider factors such as:

• Why one parent is requesting the name change

• How the other parent feels about it, and why

• How long the child has had the current name

• The quality of the child’s relationship with each parent

• The wishes of the child, depending on age and maturity

• The effect of a name change on the child’s relationship with the non-requesting parent

• The potential for confusion or disruption for the child

The parent requesting the change must present clear evidence to show how the new name serves the child better. A personal preference or profound dislike of the other parent is not enough. 

What Happens in Contested Name Change Hearings?

If your child’s other parent refuses to consent, the Court will schedule a hearing. The Judge will evaluate all relevant factors, including testimony and documentation from each side. The law does not assume that the parent with more parenting time has the stronger case. In fact, even when one parent has sole decision-making authority, he or she may still need to prove the name change benefits the child.

When the child is old enough to express an informed opinion, the Court may give weight to the child’s preferences. However, the final decision remains with the Judge. Neither parent can force a name change without meeting the legal standard.

Can I Change My Child’s Name After I Get Remarried?

Remarriage often brings another set of questions. A parent might want the child to share the same last name as the new household. This alone is not enough to justify a name change. The Court will evaluate how the change would affect the child emotionally, socially, and relationally, not simply whether it aligns with the parent’s wishes or marital status.

Do I Need a Lawyer to Change My Child’s Last Name?

You do not need to have a lawyer represent you, but if you want to change a child’s name against your ex’s wishes, you should. The legal standard is fact-specific, and presenting a convincing case requires more than filing paperwork. An attorney will help gather evidence, prepare arguments, and make the case that the name change is in the child’s best interests.

Contact a Palatine, IL Parents’ Rights Attorney Today

If you want to change your child’s last name after divorce, or you need to fight a proposed change you disagree with, contact a skilled Arlington Heights, IL child custody lawyer at The Law Office of Nicholas W. Richardson, P.C.. We represent parents throughout Cook County and offer free consultations. Call 847.873.6741 to get started.