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McHenry County family lawyerWhen a couple gets married, it is not at all uncommon for a spouse to take her partner’s last name as a symbol of their union. Some partners choose to hyphenate their surnames so as to keep their own identity while adding their spouse’s name to theirs. When a marriage comes to an end, it is relatively easy—and usually part of the standard divorce paperwork—for a spouse who changed her name to change it back during the proceedings. But, what about the children of a divorcing couple? It turns out that changing the name of a minor child in Illinois may be more complicated than most people realize.

What Does the Law Say?

Most legal details surrounding marriage and divorce are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), but name changes are typically made in accordance with the Illinois Code of Civil Procedure (735 ILCS 5). The statute provides that changing the name of a minor child will only be approved if the court finds “by clear and convincing evidence that the change is necessary to serve the best interest of the child.” A separate provision in the Illinois Parentage Act of 2015 (750 ILCS 46) allows for a child’s name to be changed if both parents agree, though this law is typically utilized in cases of unmarried parents or when parentage is in question.

Considerations of the Court

According to the law, when considering a name change for a minor child, the court is required to take into account all of the relevant factors of the case, including:

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