Legal Question in Family Law in Missouri

I am a single parent and have a 5 year old daughter. The father's name is not on the birth certificate and he doesn't pay any child support and never has. He has little contact with her, reason being he is a wanted felon and has been in and out of trouble with the local authorities. Unfortunatley My daughter has his last name and I am needing to get it changed to mine. I spoke to a local attorney and was told that I had to have the father's consent in order to have it changed. The father is not cooperating and I need to know if there is a way to have it changed without his consent.


Asked on 3/19/10, 3:40 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

You would file a regular Petition in court seeking the name change. Your question does not give us any facts upon which to determine that the biological father is the legal father of this child. If he is not the legal father, what right does he have to object? Even if he is served with the Petition, hires an attorney, and objects, the Judge is likely to grant the name change. If his name is not on the birth certificate why did you give this child his last name.?

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Answered on 3/25/10, 12:15 pm


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