Legal Question in Family Law in Iowa

Father rights of childs name change

Father who has joint custody of 14 year old daughter, mother changed name to her new husband's name. What rights do fathers who have joint custody have on decisions affecting their child? What age does the decisions of joint custody go away at 18 or before? Does this affect support payments?


Asked on 2/27/03, 10:59 pm

2 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Father rights of childs name change

She cannot change the name without going to court so if she already has then you must go to court to assure your voice is heard.

Read more
Answered on 3/03/03, 3:21 pm
Zachary Bravos Law Offices of Zachary M. Bravos

Re: Father rights of childs name change

Where there are two parents, one of them can legally change the surname of their child only if the name change is in the child's best interest, and this is a maater to be decided by a court. This is true whether or not the child was born in marriage or out of wedlock. In re Sullivan, 134 Ill.App.3d 455, 480 N.E.2d 1283 (2nd Dist. 1985).

You have the right to prevent the name change by going to court. If mother wants the name change, she must petition the court and prove at a hearing that the name change would be in the best interests of the child.

If mother seeks court approval, she will have overcome the court�s natural sentiment that, when the father is current in support and visits the child regularly, a name change may be potentially harmful to the father/child relationship.

Children have no legal right to make life decisions until age 18, however, children have preferences, needs, and opinions on a variety of life issues, and these opinions may or may not carry weight in a court�s determination of what is in a child�s best interest. For a name change, a fourteen-year-old high-schooler might have plenty to say about which name she prefers and why. A court would likely include such a child�s wishes as one of the factors to consider, particularly if the child�s opinion was well-reasoned and strongly felt.

No, it absolutely does not affect support payments.

Read more
Answered on 2/28/03, 12:02 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Iowa