Legal Question in Family Law in South Carolina
Name change of a minor
Instead of doing an adoption, can I legal change my childrens last name to the same of my husband? Their father is no where to be found, and they have not seen him since 1991.
1 Answer from Attorneys
Re: Name change of a minor
Bear in mind that I don't practice in your state, so my answer is general information, not specific to your state. Check your state's statute or consult with an attorney.
Generally speaking in my state, changing a child's name is seen as creating a barrier between the biological parent and the child. Courts are very reluctant to do that, and prefer to maintain as many connections as are in the child's best interest. That's the general rule. But in your specific case, your child hasn't seen biological dad in nine years. The child not feel that the name change won't affect the parent-child relationship since one barely exists now. Additionally, the child might also feel that a name change will enhance the emotional bond the chid has with the stepdad. Also, when mom remarries and takes stepdad's last name, some kids want their last name to be the same as the rest of the family's (unless mom keeps her former name or hyphenates hers and stepdad's).