If the parents cannot agree on the baby’s name and end up fighting in court, a judge will decide what name is best for the baby.
A judge will usually give the baby both last names. Some of the other things the judge will think about are
- how long the baby has used the current name,
- the baby’s relationship with each parent,
- how the name affects the baby’s relationship with each parent, and
- what others living in the same household call the baby.
Sometimes courts decide on the baby’s last name as part of a custody or other family-law case.
The court will agree to a name change if it’s best for the child, and
- both parents ask for the name change,
- one parent asks, and the other parent is told about the name change and does not object, or
- one parent asks and the other parent has abandoned the child.