Legal Question in Family Law in Minnesota
Child Name Change Laws
My husband has a child with another woman whom he never married. On the child's birth cerficate, the child has his last name. The mother of this child got married last year. She wants to change her daughter's name to be both my husband's last name and her new married last name. My husband does not agree with this. Can the mother still legally change the daughter's last name without the consent of the father? They have no legal child custody papers written up, but he sees her and pays child support. And the child is only six years old. What would the mother need to do to legally change her daughter's last name?
2 Answers from Attorneys
Re: Child Name Change Laws
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You must seek the permission of the father in order to change custody. If the father will not agree, you must demonstrate to the Court that the name change is in the child's best interests and will not interfere with the father's parental rights.
Re: Child Name Change Laws
The mother would have to get permission of the court to make the name change, through a paternity action, which would include a child sharing order and a child support order. Your husband should talk to an attorney to establish his rights as the father through a paternity action. This will protect him and the child.
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