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Hi everyone, I’m Dr. Michael Mantell with another Family Law Matters, joined by Bonnie Rabinovitch-Mantel, who’s the owner and managing partner of the Primus Family Law Group. Hi, Bonnie. Hi, Michael.

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Good afternoon, or good evening, or good morning, or whenever you’re listening to this. Bonnie, the question today is an interesting question. A couple have been married, they have children, and now they’re divorcing or divorced, and one member of the couple decides that he or she wants to change the last name of the child, I assume to their maiden name, but whatever it may be.

(0:45 – 1:03)
How does that work, and can it be done? You know, Michael, there are a lot of factors that actually go into that. A child’s name can be changed if both parents agree, and if it’s in the best interest of the child. I know you know, you and I have talked about children on this program a lot.

(1:03 – 1:17)
It’s all centers around the best interest of the child. So that’s gonna be how old the child is. The child has been, you know, little Johnny Smith for nine years, you’re gonna have a lot harder changing his name than if he’s two.

(1:17 – 1:35)
The other way that a name can be changed is if one of the parents is not involved, because you’re gonna need both parents’ consent. So if one parent doesn’t consent and the parent is involved, you’re not, it’s not happening. I don’t really care what the reason is, it’s not happening.

(1:36 – 2:14)
If one of the parents is not involved and has not been involved in that child’s life for quite some time, and that would be years, then you’re going to have a better chance of changing the child’s name, and as the child ages, depending if that child wants also to change the name. I imagine that last point is an important one. If the child is whatever the age is, teenager, whatever it might be, he or she has a right to go into court and say, I want my name changed to whatever it may be? Well, not the child can file the motion by themselves.

(2:14 – 2:39)
The child would, the parent would file the motion and the child would have the ability, depending on their age, if the child is over 14, the child would have a say. And so that child would be able to say, yes, I want this to happen. It often happens when you have a stepparent or somebody who is closer to the child than the bioparent is, and the bioparent’s absent.

(2:39 – 3:28)
You’re gonna get in those situations a better result. Would you recommend that people in that situation get some professional counseling to help understand the impact that that might have on that child? I think that in most things that are family law related, you probably should speak to a counselor because all of this stuff, from divorce to name change to support, all of this stuff affects you in some way, shape or form emotionally. So yeah, again, especially with a child, if there are reasons, what are the reasons for the name change? That may be something to explore as well with a professional, be it a therapist or a life coach or someone who can make sure to give them their own clarity.

(3:29 – 3:44)
Right, because sometimes the child says, yeah, I’m going along with his mom or dad, and inside they don’t agree at all. The parent puts up a wall, they don’t wanna hear it. And we have to help that parent hear and understand what this child is feeling.

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It doesn’t mean to say, no, okay, I won’t do it, but it means to know how to do it with a child’s best interests at heart. Bonnie, people have questions about this. They can be in touch with you.

(3:56 – 4:10)
How can they reach you? Well, you can reach us directly at 619-574-8000. And they can be put on my calendar for a free 30 minute phone consultation. See how we can help you with this.

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Or you can reach us online at www.PrimusFamilyLaw.com.