Legal Question in Family Law in South Carolina

Name change of a minor

Instead of doing an adoption, can I legal change my childrens last name to the same of my husband? Their father is no where to be found, and they have not seen him since 1991.


Asked on 4/22/00, 2:56 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Name change of a minor

Bear in mind that I don't practice in your state, so my answer is general information, not specific to your state. Check your state's statute or consult with an attorney.

Generally speaking in my state, changing a child's name is seen as creating a barrier between the biological parent and the child. Courts are very reluctant to do that, and prefer to maintain as many connections as are in the child's best interest. That's the general rule. But in your specific case, your child hasn't seen biological dad in nine years. The child not feel that the name change won't affect the parent-child relationship since one barely exists now. Additionally, the child might also feel that a name change will enhance the emotional bond the chid has with the stepdad. Also, when mom remarries and takes stepdad's last name, some kids want their last name to be the same as the rest of the family's (unless mom keeps her former name or hyphenates hers and stepdad's).

Read more
Answered on 5/25/00, 8:47 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina