Navigating Last Name Changes in Custody Situations

In contentious custody cases, parents often ask the question of whether one parent may unilaterally change the name of the child without a Court Order or Consent of a parent. Recently, Brad Pitt was notified through publication that his daughter, Shiloh, was going to change her name from Shiloh Jolie-Pitt to Shiloh Jolie without his consent. In this high-profile custody and divorce, Brad Pitt did not consent to the name change. However, since Shiloh is no longer a minor, she is permitted to legally change her name on her own without her father’s consent.

In Pennsylvania, if a parent seeks to unilaterally change a minor child’s name without the other parent’s consent they must obtain a Court Order. Usually, one parent seeks to drop the second name of a hyphenated last name or requests the child’s name be changed to the other parent’s last name.

Court Ordered name changes are only granted in very limited situations. Most often a name change is not granted by the Court because it is looked upon as alienating to a parent. Parents often try to unilaterally change a child’s hyphenated last name without going to Court claiming the name is too long for the child to remember or learn or it is too complicated for the child to understand why the child has two last names. Failure to use the child’s proper name could subject a parent to a petition in Court requiring the parent to explain why the child is being alienated from the other parent.

Parents should always make sure the child is registered for all school activities, medical appointments, and sports programs using the child’s biological name.