Can I Change a Child's Last Name to Mine if Born as a Result of an Affair With a Married Woman?
Full Question:
Answer:
It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. The other parent will be notified and given an opportunity to object to the name change. The court must believe you are not asking to change the minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, you must provide evidence that shows the judge that the requested name change is in the child’s best interests.
To determine whether a name change is in a child’s best interests, the court examines several factors, including, among others, the length of time that the child has used his or her current name; the child’s identification as part of a family unit; the potential anxiety, embarrassment, or discomfort that the child might experience if the child has a surname different from that of the custodial parent; and, if the child is old enough to express it, the child’s preference.
