OT: Does Anyone Know How 2 Change A Minors Last Name

DYING_2_B_THYN
on 11/17/08 1:08 am - Joplin, MO
Without going into a long, long story and bore all of you with the details. I am wondering if anyone knows how or what I can do to change a minors last name without the fathers signature? The father will only sign it if the paper states that he is also giving up rights to the child. It is quite embarressing that I am going through this with such a low life as it is!! He hasn't done a thing for MY child, ever!! He hasnt ever paid a red cent toward the child , he hasnt even ever claimed the child!! He just want to give up rights so that he doesnt have to pay child support! But, I dont care about it as he doesnt pay it anyways... I just want to change the last name to mine. If anyone knows anything I can do please give me some advise. Also, the child doesnt know him. He never took the DNA test, he was found the father out of default because he refused to take the test. I dont know what to do? All the children have my ex husbands last name because that was my last name at the time.


 




 

(deactivated member)
on 11/17/08 1:16 am - Platte City, MO
I hate this to sound mean so please dont take it that way... But if he has not paid you anything and you dont care about it... just let him sign the paper giving up all rights and move on. Sorry it is a short answer.
DYING_2_B_THYN
on 11/17/08 1:21 am - Joplin, MO
I do feel the same way, but he wants me to pay to have the papers drawn up so I have to pay for it. I feel that he has not paid for anything in her life !! I think he can atleast pay for it, he is the one benefitting the most. I dont have the money for an attorney and if he wants out of the responsibility I think he should pay for it. Do you agree? No worries~ I didnt take your post wrong and I agree, I just dont have the extra money to pay for it. And, honestly if I did I dont know if I would anyways... If he wants out of it so bad, he should come up with it. ( in my opinion ) :) Thanks for your input!! ~Lori


 




 

marylin99
on 11/17/08 5:27 am - MO
Just from my own experiene my son is grwon now and was wanting to change his last name, they told me I would have to pay full price for it.  Wanting to give him his real fathers last name.  What your needing is for him to sign his rights away, and in the state of Mo it may not be that easy.  Call DFS and talk to someone there, they maybe able to tell you what you need.  Good luck
Marylin
Pixielf~*
on 11/17/08 7:03 am - in the forest........., MO
Revision on 09/30/13
Lorie...

I went through kinda the same thing and we just formalized our children's "adult" adoption this past August.  We had to wait til the youngest was past the age of 18.  The only difference is that their bio dad REFUSED to sign the consent for my husband (who has been in their lives and has parented them for years) to formally adopt them.  Hence the wait til everyone was over the age of 18 so it was a non issue for his consent.  It was a spite issue as he NEVER had any contact (his own action) never any calls, cards, presents, NOTHING for years and years. 

I CAN tell you that going through this process is not going to be as easy peasy as you think it is.  A parent (whether mom or dad) cannot just willfully sign their rights over.  Can't be done.  The state can intervene and take AWAY a child from a parent but the parent cannot just up and decide that they don't want to be a parent any longer.  So you are not going to be able to do that.

You CAN however change the childs name if the judge will allow it.  That is not going to change the status of the parentage of the child but it will just change their name.  You will have to hire an atty.  (be prepared as it ain't cheap) and you are going to have to go through the process.  Only the judge will be able to tell you if they will grant the name change.  You will have to be prepared to document the reasoning for the change and show how it will have the child's best interest in mind.  Even then, they might not allow it.  

As for the DNA and ultimate proof of parentage.  Found this out from our atty.  If the person is named on the birth certificate and does not dispute the claim of supposed parentage with the necessary DNA testing it is not going to get him off the hook now as far as the courts/state see it.  He should of disputed it long ago... the fact that he didn't isn't going to fly now...even if it is proven that biologically he isn't the dad.  He was named, it wasn't disputed, he still is on the hook for support and he cannot just elect to sign away....  

I know how frustrating it is to go through something like this.... especially with the low caliber of the person involved.  Seek out an atty. and inquire if they think that courts would allow a change of name and be prepared to show how important it would be for this to be granted.  Again, it if is allowed it will still not change whose name is on the birth cert. under parents though....   

Best wishes...

 

Anything WORTH having is WORTH working for !

SkinnyMiniWantsOut
on 11/17/08 7:56 am - MO
Would hitting him with years of back child support or jail be incentive enough for him to do what you want? Ya know one of things... 'well you never explained it like that before'.
Good luck with however you deal with it,
Connie B.
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