Do you need the fathers consent to change a minors name in the state of Iowa and Missouri?
My boyfriends baby's mother is trying to change their sons last for reasons only she knows he doesn't want that to happen. Do you need the father's consent to change a minors last name in the state of Iowa and Missouri?
- pragmatism_rulesLv 71 decade agoFavorite Answer
It depends....does he have any rights? Has he gone to court to establish paternity by taking a dna test? And has the court given him any kind of legal visitation and/or custody? If not AND he wasn't married to the mother of his child, she has all the rights and she can do as she pleases. And even if he has established paternity, by virtue of her being an unwed mother, I suspect you will find that she can change the baby's name at will. (Did you know that because she is a single mother, she can move where she pleases and the baby's father can't stop her?)
If he wanted more rights over "his" child (BTW, is he sure it is his? Women have been known to lie about paternity before!), he should have married her before the baby is born. Single fathers just do not have the rights that married ones do (including presumed paternity). As it is, he gets whatever the courts and the baby's mother are willing to give him.
My advice is that if he hasn't done it already, that he retain a lawyer and he go to court to confirm his alleged paternity. And then he can ask for visitation and pay child support! Unless he can prove the mother is grossly unfit, he won't be given custody. And he "can" ask the court about the child's name but I am pretty sure that they won't overrule the birth mother.
- wendy cLv 71 decade ago
Baby only lives in one state.. and that is the state having authority. It is whichever is the HOME STATE of the child. Since all states have different laws as to what the rights are, concerning an unmarried parent.. then that is what you have to figure out.
It also depends on whether or not the father has ever been in court to define his rights, if he has visitation or child support, so forth. If there is nothing of record in any court.. she probably can do this.
- quincieLv 51 decade ago
Yes, if his name is on the birth certificate, and/or paternity has been established etc. his consent will be required.
- Michael HLv 71 decade ago
Yes you do, assuming he hasn't lost parental rights.