Legal Question in Family Law in Tennessee

Child Name Change For Support

Does a mother have to change a child's last name to the father's last name if they have never been married and he has been ordered to pay child support? Or can the baby keep the mother's last name (which has already been given)? My daughter was told that she must change the baby's last name to the father's if he starts paying child support under the court order.


Asked on 11/17/06, 12:50 pm

2 Answers from Attorneys

LAURA TEK LAW OFFICE OF LAURA TEK

Re: Child Name Change For Support

NO, absolutely not. The Mother does NOT have to change the child's surname to the father's surname simply because he is paying support. In fact, TN law favors the mother's decision in this regard. If she doesn't want it changed, the Court should not change it. However, there are many old-fashioned judges particularly in the rural counties that will change the surname despite the mother's wishes. But that is not the law.

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Answered on 11/17/06, 1:04 pm
Jes Beard Jes Beard, Attorney at Law

Re: Child Name Change For Support

Ms. Tek's answer is interesting, but ignores the fact that the Court has ORDERED you to change the last name if the father pays child support.

You ARE required to follow the Court's order... unless you appeal it within the time allowed and persuade the court hearing your appeal that the name should not be changed. Despite Ms. Tek's post, Tennessee law actually says that if a father requests the child's name be changed to his name at the time of legitimation the court SHALL change it, UNLESS the mother can show that the change would not be in the child's best interests, with is a pretty open standard allowing several possible reasons. But generally speaking COURTS change names, not parents, so unless the Court told you to follow thru with sending certain paperwork along, or changing the child's name on school records or forwarding the paperwork for a new birth certificate, I'm not really sure how YOU would change the child's name, or what you would be failing to do if you continue using whatever name you have been using for the child. Most likely a bit more information is needed before anyone could tell you what you should do. If you want to contact me to discuss your situation, you can reach me thru my website at jesbeard.com

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Answered on 11/17/06, 1:54 pm


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