While the practice is becoming less common as societal trends shift, one spouse typically takes the last name of the other spouse. Furthermore, when a couple has a child, the individual will typically assume the same last name as the couple. However, if a couple in this situation has a divorce, the question that may sometimes follow is ‘Can I change my child’s last name?’
If a parent would like to change his or her child’s last name, they must first get permission from the court in order to do so. A name is an individual’s own identity and changing it could cause the person undue stress or confusion.
There are several factors that affect the court’s decision to allow, or prevent, the name change. Some of these components include, but are not limited to, relationship with the child, benefit to the child, and paternity. In most cases, the judge will keep the child’s best interest in mind and place the child as a priority.
Changing a child’s last name following a divorce can be a challenging and prolonged legal process. However, doing so is possible. Changing their last name may also be difficult in the scenario that one of the spouses does not agree with this decision. Overall, this process may be very stressful and involved, which is why it is important to work with an experienced attorney to have the best outcome possible.
CONTACT AN EXPERIENCED NEW YORK DIVORCE ATTORNEY TODAY
Divorce is never an easy decision. This, however, doesn’t mean it can’t be done amicably. While filing for divorce can be a difficult decision, choosing the right attorney doesn’t have to be. Brian D. Perskin & Associates P.C. is one of the most trusted names in New York when it comes to divorce. Brian and his experienced team are aggressive, intelligent and strategic. They work diligently with clients and customize representation strategies to fit individual needs. So if you’re looking for a divorce attorney who will fight for you, call Brian D. Perskin & Associates P.C. today at 718-875-7584 for your free consultation, and learn why we’re New York’s premier divorce law firm.