South Carolina Family Law Blog : Spartanburg Divorce Lawyer & Attorney : Turnipseed, Brannon & Stevens Law Firm : South Carolina Family Law Serving Columbia, Charleston, Greenville, Hilton Head Island

Our firm frequently helps clients with issues concerning their children's names. Unmarried parents often want to change the child's birth name - whether to the Father's surname or to the Mother's surname. Married parents sometimes want to change the children's names during or after a divorce, especially if the marriage is of short duration. Teenagers will sometimes implore their custodial parent to ask the court change their name to that of a step-dad, especially if that person has been the "father figure" for most of the child's life and/or the biological father has not been active in the child's life.

When seeking to change a child's surname, South Carolina law requires consideration of the following nine factors to determine if changing a child's name is in the child's best interest:

1. the length of time the child has used the present surname;
   
2. the effect of the proposed change on the preservation and development of the child's relationship with each parent;
   
3. the identification of the child as part of a family unit;
   
4. the wishes of each parent;
   
5. the reason the petitioning parent states for the proposed change;
   
6. the motive of the petitioning parent and the possibility the child's use of a different name will cause insecurity or a lack of identity;
   
7. the difficulty, harassment, or embarrassment the child may experience if the child bears a surname different from that of the custodial parent;
   
8. if the child is of age and maturity to express a meaningful preference, the child's preference; and
   
9. the degree of community respect associated with the present and proposed surnames.

The primary case in South Carolina on this issue is Mazzone v. Miles, 341 S.C. 203, 532 S.E.2d 890 (Ct.App. 2000).

Thanks to my law partner, Paul MacPhail, for providing this post.

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Over the years, we have had numerous cases where our adult clients wanted to change their name for some reason other than divorce. For example, some change their name because they’ve used a different name during their adult years on numerous records other than the name on their birth certificate, and now as retirement approaches, they need to get their records straightened out. Others want to honor their step-father by adopting his last name. Some have a different sexual identity, and want or need to change their first name to reflect the proper gender. Still others are just embarrassed by their name, and want to change it to avoid further embarrassment.

Courts are now giving higher scrutiny to name changes due to security concerns. In South Carolina, at the time of filing of a Complaint to change an adult’s name, the petitioner is now required to provide all of the following documents:

• results of a fingerprint and criminal background check conducted by the State Law Enforcement Division;
  
• a screening statement from the Department of Social Services that indicates whether the person is listed on the department's Central Registry of Child Abuse and Neglect;
  
• an affidavit signed by the petitioner which provides whether the petitioner is under a court order to pay child support or alimony; and
  
• a screening statement from the State Law Enforcement Division that indicates whether the person is listed on the division's sex offender registry.

The Court will only grant a name change after a hearing, and it will require that notification of the name change be provided to DSS, SLED, child support enforcement, and/or such other agencies as the Court deems appropriate if the Court has any concerns. For further clarification, see South Carolina Code Section 15-49-20.

Thanks to my law partner, Paul MacPhail, for providing this post.

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Question:  I have custody of my child, and we live in South Carolina.  The child's father lives in another state, and he pays child support and visits with our child.  Our child was given my maiden name as his last name when he was born.  I have remarried, and I now want to change the child's last name to my married name.  The child's father does not agree with my desire to change his name.  What can I do?

Answer:  Should you wish to change the child's last name, the child's father must be named as a party in the Family Court case seeking to do so.  If he objects, it is unlikely that the Court will grant your request for the change.  Also, you may want to consider the possibility that the father could counterclaim and ask that the Court change the child's last name to his name.

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