Many people (generally women) who took their spouse’s last name or added it to their own when they got married choose to go back to their previous name when they divorce. Whether or not to do so is a decision unique to the person, their profession, their relationship with their ex and other factors.
A parent may also weigh what effect going back to their prior name would have on their children who have their other parent’s last name. That’s not an uncommon situation these days. However, it can still cause some confusion at school and when traveling, when parents and children have different last names.
Some parents who reclaim their prior last name after divorce also want to change their kids’ last names to match theirs. This is most common when there’s a particularly contentious divorce and when the children are still very young — or when they’re old enough to have strong feelings about it.
What does South Carolina law say?
If you’re considering this, it’s important to know that changing a child’s last name is more complicated than changing your own. Here in South Carolina, the law states, “A parent who desires to change the name of his minor child may petition, in writing, a family court judge in the appropriate circuit. The other parent…must be named as a party in the action unless waived by the court.” If there isn’t one, the child “must be named as a party in the action unless waived by the court.” Further, the court “shall appoint a guardian ad litem to represent the child.”
The law also states, “The court shall grant the petition if it finds that it is in the best interest of the child.” However, if the other parent (generally the father) objects to their child’s last name being changed, judges are often inclined not to do it, especially if they haven’t lost or given up their parental rights.
It’s important to be able to present a strong case for why it’s in your child’s best interests to change their name. For example, maybe their other parent has been violent or otherwise abusive or done something that has brought public shame. Perhaps the child no longer wants that parent’s name.
What’s critical if you’re considering this move is to make sure you have experienced legal guidance to navigate the process and work to do what’s best for your child.