Changing Names
by: Legal Aid Services of Oregon
CONTENTS
Can I take back my former name when I get divorced?
Can I change my child's last name in a divorce?
What if I want a completely new name for myself or my child?
Does my child have to have the father's last name?
Can I take back my former name when I get divorced?
Yes. The judge must give you back a former name if you ask for it in a divorce.
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Can I change my child's last name in a divorce?
Even if the mother gets custody and changes back her name in the divorce, the child most often keeps the name that is on the birth certificate. Many divorce judges will not change a child's name in a divorce case, especially when the other parent disagrees.
If you want to change your child's name, you can file a separate legal case. The other parent of the child must be told about this lawsuit by receiving legal notice. The judge will allow the name change only if it is in the child's best interest.
It may also be possible to change your child's name without going to court.
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What if I want a completely new name for myself or my child?
You can't do it in a divorce. But it is legal to just start calling yourself or your child by a new name as long as you are not doing it for an improper purpose (like to hide from creditors or to avoid the police). It is often better to file a separate name change case so you will have a court judgment you can use to change your identification. A name change done without going to court very often creates serious problems with Social Security or other government agencies, and might make it hard for you or your child to get benefits that you're entitled to.
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Does my child have to have the father's last name?
Parents often agree that their child will have the father's last name, but they can give their child any last name they want. If the parents can't agree, a judge can decide, but this usually happens only when the parents are unmarried. A father establishing paternity of the child does not have an automatic right to have the child bear his name. The judge can decide, based on what is best for the child.
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