Legal Question in Family Law in Illinois

Re: use of step-parent last name -- without legal change

A parent can change the surname of its child only if the name change is in the child's best interest. This is true whether or not the child was born in marriage or out of wedlock. In re Sullivan, 134 Ill.App.3d 455, 480 N.E.2d 1283 (2nd Dist. 1985).

You have the right to prevent the name change by going to court. If mother wants the name change, she must petition the court and prove at a hearing that the name change would be in the best interests of the child.

If mother seeks court approval, she will have overcome the court�s natural sentiment that, when the father is current in support and visits the child regularly, a name change may be potentially harmful to the father/child relationship.

Re: use of step-parent last name -- without legal change

I need more information to understand what it is you are asking. If it is regarding a child and a parent using a different name then it must be petitioned for in a court. A parent cannot simply change a name without court approval.