Legal Question in Family Law in Illinois

Minor Name Change

I was divorsed 5 years ago, and have full custody of my twin daughters, ex has visitation and pays child support. My daughters and I want to legally change their names to my maiden name hypon his last name. They are 10 years old. They feel it is fair that they are a part of both of us and should have both names. It would make things easier on them in school. He agreed, and now he says he changed his mind. Does he have to sign papers agreeing to this, or can I legally just have it changed.


Asked on 6/05/09, 5:47 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: Minor Name Change

This is a frequent problem when Mom has taken back a prior name after a divorce. You don't say what the reason for your ex-husband's refusal is and I doubt that a court would care but I also highly doubt that a court would allow the change without his consent. Rather than file for a "legal" name change and go through a possibly acrimonious legal fight, why not simply hypenate the girls' names as a matter of course. This doesn't change their names "legally" but does allow them to be know by both your names. If husband objects, then he can take you into court and try to obtain a court order barring the use of the hyphenated name. He would then have the greater burden of having to show that the girls are somehow harmed by the hyphenation.

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Answered on 6/05/09, 9:30 am


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