How Do I Change My Child’s Name After an Illinois Divorce?

 Posted on October 31, 2025 in Child Custody

After a divorce, many people change their last names as a way to mark a new chapter in life. For adults, this process is relatively simple. Usually, it is just handled as part of the divorce decree. But when it comes to changing a child’s name after a divorce, the situation is more complicated.

In Illinois, both parents have legal rights to their child, including having a say in whether the child’s name can be changed. Although you may want to distance yourself from your spouse as much as possible, changing your child’s name is not always an option. As of October 2025, Illinois courts continue to apply strict name-change rules for children. 

Our DuPage County family law attorneys at The Law Office of Matthew M. Williams, P.C. can help you protect your rights while keeping your child’s best interests at the center of every decision. If you are interested in changing your child’s name after divorce, talk to us to find out about your options. 

Can I Change My Child’s Name After Divorce?

You can always ask for a name change for your child after a divorce, but it requires court approval. Under 735 ILCS 5/21-101, a parent who wants to change a child’s name must file a petition in the circuit court of the county where the child lives. Whether a judge approves of the request will depend on many different factors. Most importantly, it will review the request to make sure the change is in the child’s best interest and is not just what one parent wants. 

What Is the Process for Changing a Child’s Name in Illinois?

If both parents agree to the name change, the process is usually straightforward.

You and your co-parent can complete a Request for Name Change (Minor) form and file it with the circuit clerk’s office in your county. Once the paperwork is filed, a hearing date will be scheduled. Both parents must attend this hearing.

At the hearing, the judge will review the petition and ask questions to make sure the request is appropriate. If the judge believes the name change is in the child’s best interest, they will issue a court order approving it. The order can then be used to update the child’s birth certificate, school records, and other legal documents.

What If I Want to Change My Child’s Last Name But the Other Parent Does Not Agree?

If your co-parent does not agree, the process becomes more complicated. You will still need to file a Request for Name Change (Minor) with the county clerk, but only your name will appear on the petition.

Next, you must serve notice to your co-parent. This means you must give them a copy of the petition and hearing information. This can be done through the sheriff’s office, a process server, or certified mail. 

At the court hearing, both you and your co-parent will explain what you want and why. The judge will then decide whether changing your child’s name is in your child’s best interest. The process can take several weeks or even months, depending on whether the other parent agrees and how busy the court is.

How Does the Judge Decide What Is in the Child’s Best Interest?

Judges must follow Illinois law when determining whether a name change benefits a child. The law tells the court to consider what outcome will serve the child’s well-being and emotional stability.

The judge may consider factors such as:

• Each parent’s wishes and reasons for or against the change

• The child’s own wishes, depending on age and maturity

• The child’s relationship with each parent and siblings

• How long the child has used the current name

• The potential effect of the name change on the child’s identity

For example, if a child has used the same last name for many years and is known at school and with friends using that name, the court will not approve a change without a very good reason.

Can a Child’s Name Be Changed Without the Other Parent’s Consent?

Even if one parent refuses to agree to a name change, the judge can still allow the change if it clearly benefits the child. The opposing parent has the right to attend the hearing and argue against the petition, but the final decision rests with the court.

It is important to remember that a name change does not affect a parent’s rights. Even if a parent does not want a name change and it happens anyway, that parent still has the same custody and visitation rights as before. 

In some cases, a parent may want to change their child’s name to protect them from an abusive or dangerous situation. Courts take these cases very seriously and may waive certain notice requirements if notifying the other parent could put the child or parent at risk.

If this applies to your situation, an attorney can help you file the necessary motions to request confidentiality or limited disclosure.

Can My Teenager Choose Their Own Name?

In Illinois, minors under 18 cannot legally change their own names without a parent or guardian’s help. However, judges often do listen to what older children say they want.

If a 16-year-old or 17-year-old expresses a strong, consistent desire to change their name and can explain their reasons clearly, the court is likely to give that opinion significant weight.

Call a DuPage County, IL Family Law Attorney Today

Even though the name change process seems straightforward, it involves strict legal requirements and deadlines. Missing a step, such as properly serving the other parent, can cause delays or lead to your petition being denied.

If you want to change your child’s name after a divorce, we can help you learn about your options. The experienced Kendall County divorce lawyers at The Law Office of Matthew M. Williams, P.C. represent parents navigating issues like custody, parenting plans, and name changes.

Our team has more than 25 years of experience helping families resolve sensitive legal issues while protecting their children. To learn more about your options or to schedule a free consultation, call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 today.