Legal Question in Family Law in Minnesota

Re: Changing the last name of a minor child

Disclamer: This response is for general information puposes only and does not create an attorney-client relationship. It is not intended to be a sustitute for a consultation with an attorney of your choice.

Response: The custodial parent can start a name change proceeding in court; but the noncustodial parent would have to be notified and would have a right to appear at the hearing.

It is hard for me to imagine a situation where a judge would grant the name change over the objection of the noncustodial parent.

I have seen such name changes granted in situations where the mother had remarried and the noncustodial parent was long gone, had not seen the child in years, and where the noncustodial parent's location was not even known.

Where the noncustodial parent is regularly involved with the child, visiting and paying support, I have never seen a name change approved unless the noncustodial parent agreed to it.

Re: Changing the last name of a minor child

You must have permission of the father to change the child's name or you must bring a motion before the court seeking to change the child's name and serving the father with a copy of the motion pursuant to Minnesota Statutes. The Court will change the name over the objection of the father only if it finds that the name change is in the child's best interest and does not interfere with the other parent's relationship with the child.

In many cases the Court will adopt a hyphenated name so that both parent's names are represented