Many parents (usually mothers) who divorce, marry, and/or remarry often contact us asking whether they can change their child’s last name.  Under the law, a parent may not change a child’s name (even informally) unless: (1) both parents consent to the name change; or (2) a Court determines by clear and convincing evidence that the substantial welfare of the child requires the name to be changed.

In deciding whether the welfare of a child requires a name change, Courts look at what is in the child’s best interests.  In making such a determination, the Court may consider: (1) the child’s preference; (2) the effect of the change of the child’s surname on the preservation and the development of the child’s relationship with each parent; (3) the length of time the child has borne a given name; (4) the degree of community respect associated with the present and the proposed surname; and (5) the difficulties, harassment, or embarrassment that the child may experience from bearing the present or proposed surname.

Practically speaking, a parent wishing to change their child’s last name over the objection of the other parent will likely have a difficult time doing so.  Generally, a parent’s mere desire to change a child’s name will not be enough to convince the Court to order the name change.

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Gadtke & Beyer, LLC
6600 France Avenue South Suite 680
Edina, MN 55435

Telephone: 952-345-8004
Fax: 952-920-2209

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