Paternity cases in general are difficult and complicated matters. One of the many issues that may arise in these types of proceedings revolves around the last name of a child since the parents were never married. Commonly, this issue arises cases where one parent, usually the father who is the non-custodial parent, wishes to change the last name of the child who has been named in the birth certificate with only the mother's last name.

A child's name may be changed by a court petition when the court finds by clear and convincing evidence that the name change is in the best interest of the child. In determining the best interests of the child, the court must consider the following factors:

• the wishes of the child's parents;
• the wishes of the child;
• the child's adjustment to his or her home, school, and community;
• the length of time the child's current last name has been used.
• the motivations of each parent supporting or opposing the name change petition.

The court must balance the above-numerated factors in determining whether it is in the best interest of the child to grant or deny the name change petition. Additionally, the court should also consider the interaction of the child with his or her parents; specifically, the court will review the relationship of the non-custodial parent and review that parent's active involvement with respect to exercising regular visitation, providing child support, and establishing a bond with that child. If a court grants the name change petition, this does not affect the legal recognized identity of the other parent nor will a name change affect the rights or duties of either parent regarding visitation, child support, or rights of inheritance.

For more information about paternity matters, or any other family law matter, please contact attorney Amil Alkass at Lavelle Law, Ltd. via e-mail at aalkass@lavellelaw.com or via telephone at (847) 705-7555.