Can a Parent Change Their Child’s Surname After a Divorce?

Can a Parent Change Their Child's Surname After a Divorce?
In: Family

Why Change a Child’s Surname After a Divorce?

There can be a many reasons why a parent may wish to change a child’s surname following a divorce. Reasons can include removing the child’s connection to a certain parent who is no longer involved in their lives.

In most divorce cases a child’s surname is left unchanged after a divorce. Parent’s considering changing the child’s surname must consider the implications changing the surname may have on the child’s sense of identity. For example, a surname change may help a child feel more involved in a new family unit, however, it also has the risk of removing a connection to another parent.

How to Change a Child’s Surname?

In the event of a divorce or a new marriage there is no automatic way to change a child’s surname. Any changes are a legal process which have to go through the Court, who decides what’s in the best interest of the child.

It’s important to note that for children under 16 years of age, all individuals with parental responsibility must give consent to the surname change in order for the update to be successful. In cases where someone with parental responsibility does not agree to the surname change, an application will need to be made to the court requesting a Specific Issue you will need to prove that changing he child’s name meets the welfare criteria as well as being in the best interests of the child.

Seeking the Guidance of Expert Family Law Solicitors

Although the decision to change a child’s surname after divorce can be complex and at times emotionally challenging, Cartwright King’s experienced family law solicitors are here to provide expert guidance. By considering factors such as the child’s best interests, parental agreements, and relevant legal procedures, our family law team can help parents resolve any legal challenges. With the support of our family law solicitors, individuals can make informed decisions that always put first the well-being of the children.

Our family law solicitors are on hand to help with all child law matters including but not limited to:

  • Special Guardianship Orders
  • Residence orders
  • Contact Orders
  • Prohibited steps orders
  • Specific issue orders
  • Parental responsibility agreements
  • Agreement on changes to a child’s name
  • Agreements on international or national relocation
  • Child Custody (Child Arrangement Orders)
  • Child Care Proceedings
  • Placement Orders
  • Child Abduction

Call us today on 0345 894 1622 to discuss your case in further detail, and a member of our friendly team will put you through to one of our specialists or request a call back online.

Legal Disclaimer

All advice is correct at time of publication.