Legal Question in Family Law in Missouri
Last name change of child
My daughter is 5 years old. Her biological father and I have never been married, he is not on the birth certificate, and he has never paid child support. I am getting married soon and my fiancee and I want my daughter to also take his last name. She never had her biological fathers last name. What all do we have to do to make this happen? Does her real father have to sign rights over even if he doesn't pay child support or anything like that?
1 Answer from Attorneys
Re: Last name change of child
Although your question asks about changing the name of a child, you might really be asking something else entirely. You do have the right to file a Petition with the Court asking the Judge to grant a name change. The biological father would have the right to receive Notice and participate in that case, if he has been determined to be the legal father. There are several ways this may happen. If he has never been determined to be the legal father of the child, then he has no specific legal rights. However, if you are actually thinking of your spouse to be adopting this child, then you would have to name the biological father, provide Notice and allow for the possibility that he will seek a determination of Paternity and object to the adoption. Many people have no clue what the legal consequences of having children out of wedlock are, but your situation is a good example of legal complications that could have been avoided.