Legal Question in Family Law in Missouri
Can He Have Her Name Changed?
My daughters birth father left when she was 5 days old. Now she is 5 years old, he has married and now wants shared custody, his name on the birth certificate and wants her name changed to his. He was there when she was born and the information was filled out for the birth certificate and did not indicate at that time that he wanted his name on the certificate or her to have his last name. What are his legal rights now?
1 Answer from Attorneys
Re: Can He Have Her Name Changed?
Unless your child's father has already gone to Court and obtained a Court Order, he has no specific legal rights regarding the child. Your post does not even tell us whether he has been ordered to pay any child support. In any event, he can file suit and ask the Court to determine his rights to visitation and perhaps temporary custody, but under the circumstances some type of phasing in over time would probably be in the best interest of the child. It is extremely unlikely that the Court will Order joint legal custody or shared physical custody under the circumstances, and the father does not have any right to insist upon the child's last name being changed. By the way, you should hire an attorney to represent you and be sure to obtain a Court Order for child support together with any other relief to which you may be entitled. I have handled many cases of this nature, and I am confident that I could be of assistance.You may call me at the office during business hours if you would like to discuss this any further.
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