How to Argue a Child's Best Interest for a Name Change

Present your petition to the court to change your child's name. Once you have filed the petition and notified the other parent of the pending name change, a court hearing is scheduled if the other parent disputes the name change. This is your opportunity to argue the best interest of your child.

Show the lack of involvement of the other parent. If your child's other parent has not been a big part of his life, you are more likely to be allowed to change your child's name to your last name. However, if the other parent has used visitation, pays child support and has been a part of the child's life, your chances of being allowed a name change are smaller.

Argue the possibility of embarrassment or other problems because of your child's current name. If the other parent's family or the other parent has a negative connotation in the community, this may be reflected upon the child. Most cases are not able to use this reason, but if you can, you have a good reason to change your child's name.

Consider the age of your child. If she is young enough to be unaware of her name or is old enough to have a legitimate say in the name change, you may have a higher likelihood of the judge granting the name change. However, if the child objects or has already become established in her name, it may not be in her best interest to change it.

Show the court that you have your child's best interest in mind and are not requesting the change for personal reasons. For instance, if you are changing your child's name to give him the last name of your new spouse, the court is more likely to rule against a name change. Instead, you must show that your child is better off with a new name. Sometimes, a court will grant a name change if the child's name is too difficult to spell or pronounce.

Ask the court to consider your child's ethnic background. For instance, if you are of Hispanic heritage and your child's other parent was not and your child has the other parent's last name, you may ask the court to add your last name as a hyphenated last name to allow your child to hold onto a piece of his heritage.

Show that you are the custodial parent. In some cases, judges have granted a name change so the child's name matches the custodial parent's name. This prevents issues with schools, doctor appointments and other instances where the mother's name and child's name are used. However, with the increase in children born out of wedlock and the high divorce rates, having a different last name than your child is not as uncommon and many judges do not accept this as a good reason for a change.