After a divorce, it is common for an individual to go back to their maiden name or take the last name of the person they are remarrying. In Illinois, anyone who has undergone a divorce has the freedom to change their name whenever they would like.
When it comes to changing the last names of children, however, the law is a tad more complex. Following a divorce, a judge will take a child’s best interests into consideration when deciding whether to approve a last name change. Under Illinois law, a judge is required to ask the following questions when a parent would like to change their child’s last name:
- Does the child’s other parent approve of the last name change?
- Is the child okay with changing their last name?
- What type of relationship does the child have with their other parent and family members? For example, does the child have a poor relationship with the father whose last name they currently have?
Why Change a Child’s Name...