Skip to main content
OREGONLAWHELP
 
Free Legal Information for Low-Income Oregonians
 
 
 
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.

Return to top

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.

Return to top

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.

Return to top

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.

Return to top

 
  Search This Site
   Need Help with Your Search?
Find Legal Help On Changing Names & Social Security Numbers
Related Resources
Family Law In Oregon This link opens a PDF file in a new window.  If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page.
By: Legal Aid Services of Oregon   WPD File
Changing Your Social Security Number (Separate Website)
By: National Coalition Against Domestic Violence
more...
Last Reviewed On: 10/17/02
 
 

Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice and is not a substitute for the advice of an attorney. Also, the law may vary from state to state, and some information on this web site may not be correct for your state. The information contained in this web site is not guaranteed to be up to date. As a result, the information contained on this web site cannot replace the advice of competent legal counsel licensed in your state.

Links. This web site contains links to other resources on the Internet to help you find other resources that may be of interest. We are not responsible for the accuracy of any information provided on these linked websites. By including these links, we do not intend to state or imply that we sponsor or are affiliated or associated with the persons or entities who created the web sites or that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

E-mail. Viewing this web site, or sending an e-mail message to any legal services program or any attorney mentioned on this web site does NOT create an attorney-client relationship between you and the legal services program or the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Also, in some situations, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters and you may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and most attorneys do not respond to unsolicited e-mail from non-clients. If you have a legal problem, you should not rely on email to try to find an attorney to assist you.

Lawyer Advertising. In some states this web site may be considered lawyer advertising. Any listing of an attorney on this website is not a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.

Disclaimer of Warranty and Limitation of Liability. Legal Aid Services of Oregon makes no warranty, express or implied, with respect to the use of the links provided; and makes no representation, warranty or claim that the information available on this web site is current or accurate. Neither Legal Aid Services of Oregon, nor any person or organization that participates in the creation or maintenance of this web site shall be liable for any damages arising from any use of this web site or for any claim made against a person using this web site.

Powered by ProBono.Net

                                                                                                                                                 

Legal Services Corporation     Legal Aid Services of Oregon     Center for Non-Profit Legal Services, Inc.     Lane County Legal Aid and Advocacy Center