Traditionally, courts ruled that a father had an automatic right to have his child keep his last name if he continued to actively perform his parental role. But this is no longer true. Now a child’s name may be changed by court petition when it is in the best interest of the child to do so. When deciding to grant a name change, courts consider many factors, such as the length of time the father’s name has been used, the strength of the mother-child relationship and the need of the child to identify with a new family unit (if the change involves remarriage). The courts must balance these factors against the strength and importance of the father-child relationship. It is up to the judge to decide which name is in the child’s best interest.
See also…