Legal Question in Family Law in Louisiana

Re: name change ask by father, mother wants child to keep name he have since bir

Dear LawGuru Friend,

I would really need to know some more information to correctly answer your question. However, based on what information you posted, I will try to answer you. First of all, my thinking is that the mother would have to approve of any name change. I assume the name on the child's birth certificate is that of the mother. I would need to know if the mother and father were married at the time the child was born. If so, it could be that the child's name should have been registered in the name of the father. Do not know why, but that's surely the custom. If they were not married, and the child's name was registered in the mother's name, I feel surely that she should have to consent before the name can be changed to the father's name. Now the District Attorney has a role in a name change. The D.A. has to agree to the name change. Find out who in the D.A.'s offices approves of name changes and discuss the problem with that person. Get the D.A. to not agree to the proposed name change by the father.

Now you say the judge "favors" the name change. How do you know that? Has the D.A. already agreed to a name change and the papers already been submitted to the judge? As a general practice name changes are done in Chambers, not in open court and after a trial of any kind. I would take a look at the name change statute, I am sure in the Louisiana Code of Civil Procedure, and see just what it says about who has to consent to a name change. There is probably more to it than this, but this is something to think about. Best of luck!

Sincerely.

Hardy Parkerson, Attorney

Lake Charles, LA