Legal Question in Family Law in Missouri
Change of Child's Name
I have a three year old son from a previous relationship in which I was not married. The biological father was listed on the birth certificate, however my son kept my maiden name. The biological father has paid court ordered child support since his birth. I married another man when my son was ten months old and this man has raised him since that time. We have since had another child and have some concern about the boys having different last names. I would like to change my eldest son's last name from my maiden to my married name, thus giving everyone in our family the same last name. My question is: Does the biological father have any authority in this process?
1 Answer from Attorneys
Re: Change of Child's Name
Your question suggests some confusion. Was the biological father of the first child determined to be the legal father of the child by a court? The fact that he pays child support seems to imply that he was. If so, did the court grant the biological father any rights? Third, does your current husband wish to adopt the first child? This is a different matter than you simply changing the second child's last name. In any event, the bilogical father of the first child may indeed have some legal rights which entitle him to notice an an opportunity to respond and perhaps contest a name change or an adoption. You need to consult with an attorney who will obtain all of the pertinent information from you and advise you on how best to proceed. If you are not already represented, you may call me for a free telephone consultation at 314-727-2822.
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