Legal Question in Family Law in Iowa
changing a childs surname
I have a 2 1/2 year old daughter that knows my husband to be as her ''daddy''. We are going to be married in December and we want her to have his last name. My ex husband would likely object simply out of spite. He has not seen or attempted to contact her in 16 months. I have read about an informal name change although I would prefer it to be legal and for my fiancee to adopt her. Is there any way to give her ''daddy's'' last name without involving my ex?
1 Answer from Attorneys
Re: changing a childs surname
No. Here's what the Judicial Branch says:
If the child is under fourteen years old, both parents named on the birth certificate must file their written consent to the name change.
If one parent does not consent, the court will set a hearing. At the hearing, the court may waive the need for both parents' consent if it finds one of the following:
* The parent has abandoned the child.
* The parent has failed, without good cause, to support the child or contribute financially for the child's birth.
* The parent does not object to the name change after receiving proper notice
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