In family law, we sometimes come across cases where the child’s name on the birth certificate is not exactly what the parties wanted. Its especially true for fathers when the child does not bear the father’s last name.
Whether the name issue arises at birth or at some subsequent time, the question to be decided by the court is what is in the best interest of the child with respect to the name. The court will look to the following factors:
1. The length of time the child has used a particular name.
2. The nature of the child’s relationships with his or her respective parents.
3. The effect of any proposed name on those relationships.
4. The child’s need to identify with a particular family unit through the use of a common name. Marriage of Schiffman (1980) 28 C3d 640.
Contact an Orange County Divorce Lawyer if you have any issues with changing the child’s name.