Legal Question in Family Law in Illinois

My brother lives in Illinois. He is currently in jail. His wife is filing for divorce. They have one minor child, a son, left at home, age 17. The mother said she is going to change the child's last name to her maiden name when the divorce goes through. My brother will not sign the papers to have his son's name changed. Can she legally do this without his signature?


Asked on 3/13/15, 11:06 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

He does have to sign any papers for her to get divorced. It is not easy to change the minor's name, but understand that at 18 the child can change the name.

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Answered on 3/13/15, 11:10 am


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