Legal Question in Family Law in Illinois
I am getting married in 8 months and the father of my child has agreed to let me change my 2 year old daughters name to that of my new husband. There is no adoption or anything, just changing her last name as she has my maiden name and I want us all to have the same last name. We notarized the permission and petition to change her name today, but I don't want to file the papers until about 2 months before the wedding. Since it is simply a petition and there is no expiration on the document, does the notary on the document expire? Should I just file it now and ask the court to not make it official until the wedding date?
1 Answer from Attorneys
You will still have to file a petition for a name change with the court. If you are in Cook County these are now being handled by the Law Division. In addition to the petition you will have to run a publication and have the court enter and order granting the name change. You will have to satisfy the requirements of the statute, namely, convince the court you are not doing this for an improper purpose. You should probably attach the notarized document signed by the child's natural father as an exhibit to your petition.
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