Legal Question in Family Law in Iowa

The child has to consent to the name change but because your son is over 14 years of age your consent is not necessary. Here's the relevant information.

674.6 NOTICE -- CONSENT.

If the petitioner is married, the petitioner must give legal

notice to the spouse, in the manner of an original notice, of the

filing of the petition.

If the petition includes or is filed on behalf of a minor child

fourteen years of age or older, the child's written consent to the

change of name of that child is required.

If the petition includes or is filed on behalf of a minor child

under fourteen, both parents as stated on the birth certificate of

the minor child shall file their written consent to the name change.

If one of the parents does not consent to the name change, a hearing

shall be set on the petition on twenty days' notice to the

nonconsenting parent pursuant to the rules of civil procedure. At

the hearing the court may waive the requirement of consent as to one

of the parents if it finds:

1. That the parent has abandoned the child;

2. That the parent has been ordered to contribute to the support

of the child or to financially aid in the child's birth and has

failed to do so without good cause; or

3. That the parent does not object to the name change after

having been given due and proper notice.