Can I Change My Child’s Last Name after My Divorce?

 Posted on March 20, 2025 in Family Law

After a divorce, people often want a fresh start. Even if a wife keeps her own maiden name when she gets married, children are often given their father’s last name at birth. If, as part of these wishes for a fresh start, the mother wants to change her child’s last name to her own, she might have to go through a complicated legal process to make that happen. 

There are legal requirements, factors that courts consider, and steps involved that can improve your chances of a successful petition. To learn more, speak with a qualified Illinois divorce lawyer who can explain what is involved and how you may want to proceed.

Are There Legal Grounds for Changing a Child’s Last Name?

In Illinois, a parent can petition the court to change a child’s last name for various reasons, including:

• Aligning the child’s last name with the custodial parent’s last name after divorce.

• Ensuring siblings' last names match.

• Addressing concerns about the child’s emotional well-being or social identity.

• Reflecting the child’s connection to a supportive parental figure.

How Do Illinois Courts Decide about a Name Change?

Under Illinois law, courts evaluate several factors when determining if a child’s name can be changed. They consider the child’s wishes; each parent’s wishes; the child’s relationship with each parent; the impact the name change could have on the child’s well-being, and the reasons for the name change. Illinois courts prioritize what is in the child’s best interests when deciding whether to approve a name change.

What Do You Need to Do to Get Your Child’s Last Name Changed?

If you want to change your child’s last name in Illinois, you typically need to go through several steps:

File a Petition

As the parent seeking the change, you need to submit a formal petition in the county court where your child resides. In the petition, you need to explain why you want the child’s name to change and how it serves your child’s best interests.

Inform the Other Parent

In Illinois, you must notify the non-petitioning parent about your request to change your child’s last name. If the other parent consents, the process can proceed more smoothly. If not, you will likely need to go to a court hearing.

Attend a Court Hearing

You and the other parent have a chance to present evidence to the court to support your respective positions. The judge will evaluate the evidence before making a decision.

Obtain a Court Order

If the court approves your request, the judge will issue an official order granting the name change. You will need to update your child’s legal documents, including their birth certificate, Social Security records, and school records.

Contact an Arlington Heights, IL Family Law Attorney

Changing a child’s last name in Illinois after a divorce is not guaranteed or clear-cut, but an experienced Arlington Heights, IL divorce lawyer can help increase your chances of getting your request approved. With careful preparation and a clear focus on the child’s best interests, A. Traub & Associates can represent your interests in pursuing this change. Call us at 847-749-4182 to schedule an initial consultation.