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Can I Change My Child's Last Name to My New Married Name?

Posted by J. Benjamin Stevens | Aug 19, 2008 | 0 Comments

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.

About the Author

J. Benjamin Stevens

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only four attorneys in South Carolina with those simultaneous distinctions. To schedule a consultation with Ben Stevens call (864) 598-9172.

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