Many people choose to change their name following a divorce, either to go back to their premarital last name or to adopt the surname of a new spouse. Illinois divorce decrees typically contain language authorizing a spouse to resume use of a maiden name. But even if the spouse does not wish to immediately change their name following a divorce, they are typically free to do so later by petitioning an Illinois court.

If an ex-spouse also wishes to change the last names of their children, however, the law is a bit more complicated. A judge will only approve such a name change if it is in the child's “best interest.” Illinois law specifies a number of factors the court must consider in deciding a parent's application to change their child's name:

• Does the other parent or person with “physical custody” of the child approve?
• Does the child want to change their name?
• What is the “interaction or interrelationship” between the child and their parents or other family members? For example, if a mother wishes for her child to adopt her last name, what is the extent of the child's relationship with the father?

Court Enjoins Mother From Unilaterally Changing Kids' Last Names

When an Illinois court issues a judgment regarding child custody arrangements, both parents must abide by the judge's decision. If a parent is dissatisfied with the terms of the order, he or she must pursue a legal avenue for seeking to amend the decision. A parent must never try to circumvent a child custody order by taking actions designed to undermine the rights and responsibilities of the other parent.

Mother Loses Custody After Making False Abuse Allegations Against Father

Indeed, such actions can backfire, as a recent Illinois appeals court decision illustrates. This case involves a divorced couple with three young children. Six years ago, an Illinois circuit court issued a custody order giving the mother “sole custody” while granting certain visitation rights to the father. The custody order further required the mother to “consult” with the father regarding “major health and education matters” affecting the children.

Like many aspects of a divorce, your parenting plan arrangement is typically finalized at the time of the divorce, but it can still be subject to modification, should the need arise. Your DuPage County family law attorney can advise you regarding whether a parenting plan modification may be appropriate.

What Types of Parenting Plan Modifications are Available?

Parenting agreements focus on two main types of parenting rights: parenting time and parenting responsibilities, and modifications can be sought for either or both kinds parenting arrangements, including changes to:

Being a teen parent can pose unique challenges, both from a practical and legal standpoint. Whether you are a teenager expecting or parenting a child, or a parent of a minor who is themselves a parent, an experienced family law attorney in the DuPage County area can work with your family to protect the best interests of the minors involved - both parent and child.

Legal Issues That Can Arise Related to Teen Parenthood

Some of the legal issues facing teenage parents stem from being unmarried, since most teens ultimately decide not to marry when expecting a child. Teen parents and their legal guardians should discuss with their family law attorney issues related to:

Illinois law requires that all parents who are divorcing and never-married parents who are establishing a parenting plan complete a parent education course. Your divorce attorney in DuPage County can help make sure you fulfill these requirements as instructed by the court.

Because failure to complete the parent education course adequately can affect your parenting plan proceedings, it is important that you work with your experienced family law attorney in the Wheaton area to ensure that you have completed the proper steps.

What Is the Parent Education Program?