Unmarried Parents: Whose Surname Will The Child Have?

If the parents agreed on a surname but then later one parent sought to change the child’s surname, the parent seeking to change the child’s name has a difficult task ahead of them.  That parent would need to show “extreme circumstances”; examples of extreme circumstances would be abandonment or misconduct by a parent.   On the other hand, if the parents never agreed on a surname, the parent seeking to change the child’s name need show that such a change is in the child’s best interests.  To demonstrate this, the Courts look at a variety of factors including the length of time the child has used any of the surnames considered or even the degree of good will or respect associated with a particular surname .  Therefore, the key difference in how easy or difficult it is to change a child’ surname lie in the agreement or lack thereof between the parents.  To demonstrate an agreement or an absence of an agreement is a question of fact which the parties will have to prove to the Court.

Modifying Child Support After Job Loss

Each parent has a legal obligation to financially support their children.   Child support obligations are determined by the income of each parent and the needs of the child.  Like all aspects of the law related to children, child support is governed by the best interests of the child standard.  Whenever the parent paying child support wishes to modify the child support obligation, he must show that there has been a substantial and material change in circumstances.  This standard is true in both Maryland and Washington, D.C.   In Washington, D.C., the law presumes that the standard has been met if the payor-noncustodial parent’s (the person paying child support) income has decreased by at least 15%.   Therefore, if a non-custodial parent has lost their job or is only receiving unemployment benefits, he may be entitled to at least a temporary modification.   Similarly, payee-custodial parent may request that the support obligation be increased if she has reason to believe that the payor’s income has increased substantially and materially, for example, through a career change to a more lucrative job.