Legal Question in Family Law in Minnesota

Re: Father Does Not Want Child's Last Name Changed

Your statement is confusing, and lacks enough information. Were they married? if so why does the child have mother's maiden name? Is there a custody and visitation order? In what state was this order made? Does he have contact with the child? How old is the child? The answers to the above questions wwould raise additional questions. Resubmit your question with additional information.

Re: Father Does Not Want Child's Last Name Changed

Assuming that the father you refer to has parental rights (either he has signed a declaration of parentage or been ajudicated to be the father in a paternity proceeding), Minnesota law would require that he be notified of any name change proceeding.

However, the mother could probably get by with claiming she doesn't know where the father is or has no address for the father, something like that, and in that case could probably get the name changed without that Dad even knowing about it.

I would assume it would be harder for the mother to claim she can't find the guy if he is paying child support. I hope that the father pays his support.

In any event, it might be worth it for the father to periodically check with the district court in the county where the child lives to see if a name change petition has been filed. It's a matter of public record, so the info is available for the asking. Depending on the extent of what that county has available on line, the court filings might even be available to check over the internet.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.