Legal Question in Family Law in Missouri

Re: A childs last name

From the limited information provided in your question it would appear that you are free to name the child anything you want. You are not required to use the last name of the man you believe to be the father In fact, he is not the legal father of the child although he may be the biological father. Since you were not married to this man at the time of the child's birth, and assuming that there has been no Paternity suit filed, the biological has no legally enforceable rights concerning the child and no legally enforceable duty to pay child support. Under these circumstances, it is usually in the child's best interest for a Paternity suit to be filed in which you may obtain a Court Order declaring the man to be the legal father and requiring him to pay child support. he may also obtain rights of visitation or temporary custody at that time. If you are receivng state assistance, the Division of Child Support Enforcement may ask you to sign papers agreeing to cooperate in their efforts to name the man as the legal father. If not, you may consider the advisability of hiring an attorney to represent you. If you are not already represented you may call me for a free telephone consultation at 314-727-2822.