Custody & Kidnapping

I cannot speak to the specifics of your state’s laws on this topic but in general, the consent of both parents may be required to change the name of a minor. If the mother does not consent, the father may still be able to get a court order from a judge for the name change after a hearing in court where the mother may be able to object.

Assuming the child’s mother does not agree on the name change and so the father has to go to court, he may have to explain to the judge at a hearing the reason he thinks it’s in the child’s best interest to change the name. The mother may then have the opportunity to object to the name change. I cannot speak to the specifics of your situation or of how your state handles this – there may be specific factors that a judge has to consider in your state - I do not know. In some states, generally, a judge may agree to change the name of the child over a parent’s objection if the judge believes that doing so would be in the child’s best interest.

For specific advice on the father’s situation in the case you are writing in about, he may want to talk to a lawyer. Here is a link for free and paid lawyers: LINK