Traditionally, even today, many women take their husband’s last name when they get married. Sometimes, they choose to hyphenate their birth (“maiden”) name and their husband’s or use both. This can help avoid confusion if they’ve built a career or reputation using their birth name.
The decision to drop a husband’s last name after divorce can be a more complicated one. An important consideration for mothers is how much confusion and trouble it will cause if they take back their birth surname if their children have their father’s name.
What does state law say?
What if you’ve decided to drop your husband’s last name and take back your own. Can you change your child’s last name as well?
Under South Carolina law, you can petition for that change. However, if your ex still has parental rights, they have a say in the matter. 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.” The law also states that if there is no other parent, the child will be named a party to this kind of action unless the court decides otherwise.
The law also states, “The court shall grant the petition if it finds that it is in the best interest of the child.” In most cases, however, if the other parent (typically, the father) makes their objection to the name change known to the court, a judge won’t change it, even if they have little contact with the child, as long as they’re still legally considered a parent.
When is it in a child’s best interests?
If the father has done something egregious, either privately or publicly, that would embarrass a child or cause them stress if they continued to use their name, a judge might determine it’s in the child’s best interests not to carry their name. Typically, just arguing that it’s inconvenient for you and your child to have different last names isn’t enough to sway a court if your child’s other parent is fit and objects to a change.
A good first step if you’re considering petitioning to change your child’s last name and they want that change (assuming they’re old enough to understand) is to get legal guidance. Doing so can help you do what’s best for your child.
