It is understandably difficult to be faced with the decision in Oklahoma either changing your child’s last name or choose a last name for your child when you and your spouse do not share the same last name. Perhaps the father of the child wants his son to have his last name to keep the family name going. However, maybe the mother wishes to preserve her last name because of the history behind it.
While you and your spouse are able to decide when you are still together, changing your child’s last name can be extremely challenging if you and your partner have separated. Family members can make this similarly difficult, insisting your child have only their last name, and vice versa.
Changing your child’s last name can also be difficult if your child is older and they have an option that might not be in their best interest. Fortunately, Oklahoma has several resources that a child custody attorney can go over with you and help you be prepared for the process.
Reed v. Remmert
Oklahoma’s most recent case involving changing a child’s last name is able to shed some light on what courts look for when making their decision.
This case involves a man and woman who were never married, and the father wished to change the child’s name to his last name. Under Okla. Stat. tit. 10 § 90.4, once a father establishes paternity, he may file a motion to change the child’s last name.
The court considered a multitude of factors, but weighted one factor more than the others. The court found that it was significant that the mother had remarried and had not taken her husband’s last name, which was “Lee.” Her last name remained “Remmert.”
Additionally, she had another child in the home who had a different father than the current husband, and that child also had a different last name. The mother’s argument that having the same last name as her child would provide cohesiveness in the family unit was not convincing.
Factors the Court Considers When Changing a Child’s Last Name
In Reed v. Remmert, the court established the factors they look to when deciding how to change a child’s last name. Here are the factors as they appear in the court’s decision.
- Identification of the child as a part of the family unit;
- The effect on the child’s relationship with each parent;
- The motivation of the parties;
- The effect the failure to change the name will have in furthering the estrangement of the child from a father exhibiting a desire to preserve the parental relationship;
- The age of the child and how long the child has had the current name;
- The effect of the change of the child’s surname on the preservation and development of the child’s relationship with each parent, and, the degree of community respect associated with the parent and proposed surname;
- The use of a particular surname of a substantial period of time without objection;
- The preference of the child;
- Difficulty the child may experience with the proposed surname;
- Embarrassment or inconvenience that may result if the child’s surname differs from that of the custodial parent.
This list is not exclusive, however, and all cases will have different issues that the court will consider when making their ruling.
If you and your spouse disagree on the last name of your child, the first step is to hire an experienced child custody attorney to help establish parentage. Next they will help you prepare for the hearing where each side pleads their case.
Free Consultation with a Tulsa Child Custody Attorney
Meeting with a Tulsa child custody attorney can walk you through the entire child custody process, as well as expertly explain how to defend against or petition to change your child’s last name.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.
For a free confidential consultation, call now: 918-924-5526.
