Wisconsin statute 786.36 governs any resident of the state, whether a minor (14 years or older) or adult, upon petition to the circuit court of the county where he or she resides, may if no sufficient cause is shown to the contrary, have his or her name changed or established by order of the court. If the person whose name is to be changed is a minor under the age of 14 years, the petition may be made by whichever of the following is applicable:
Many parents believe they have the right to change their child’s name if they have sole custody, but this is not the case. Wisconsin Statute 786.36 outlines the requirements for child name changes in Wisconsin. Having sole custody alone is not enough, especially if the other parent has a close, loving relationship with the child. If you cannot agree on the child’s name and aren’t open to a hyphenated last name, there are a few circumstances where the child’s name can be changed without consent.
Wisconsin statute 767.89 governs a name change of a minor child when paternity is established. There are two scenarios in which the court can change a child’s last name in a paternity case.
If you wish to change your child’s surname, there are situations where a petition will be approved without the consent of both parents. Ultimately, the court will consider the best interest of the child. Circumstances when a child’s surname can be changed without consent include:
If one parent’s parental rights were legally terminated, a name change will be approved without their permission.
If paternal rights were not established and the unmarried mother has sole physical custody, the mother may change the child’s last name without permission.
If the petitioning parent is unable to locate and notify the other parent, a name change may be approved without permission.
If a parent is convicted of a serious crime, the other parent may change the name of a minor under 14 without notice. Examples of such crimes include (but are not limited to):
The court will factor in the best interests of the child when overriding one parent’s disapproval.
The court will consider:
As of April 19, 2021, the filing fee to change a child’s last name is $164.50 in most Wisconsin counties. This amount is owed if the child’s name change is the only issue being heard in front of the court. If there is a pending paternity action and a name change is brought up within that case, there is no additional fee required.
In most counties, a $164.50 fee is required as of March 4, 2019. However, if a name change is brought as a part of another motion or paternity-related issue, there is no change.
File a Petition for Change of Name through the Wisconsin Court System. There are 2 different forms. One for a minor under 14 and one for a minor over 14.
Generally, yes – unless paternity was not established, the child was abandoned, parental rights were terminated or a serious crime was committed.
Wisconsin Statutes 69.11(3)(b) allows you to change your child’s name without a court order, for up to 365 days after his/her birth. To do this, contact the Wisconsin Office of Vital Record.
No, divorce alone will not grant a name change for your child.
