A. Adoption
B. Paternity under the Parentage Act
The court will not grant change of name based on the father’s beliefs or unsubstantiated claims. C.R.F. ex rel. C.R.C. v. B.M.F., 174 S.W.3d 90, 91 (Mo. App. 2005) (two days after the child was born, the father petitioned for a paternity test and custody).15 The court changed the child’s surname to the father’s, and the mother appealed.16 Here, Father testified that he was requesting the name change because, in his words, “I am his father and he is my son and I believe he should carry on my name.”17 The evidence here of Father’s motivation does not constitute evidence that the name change is in the best interest of the child. Because there was insufficient evidence presented demonstrating that the change of name was in the child’s best interest, the trial court erred in granting Father’s request to change the child’s surname.18
C. Name Change Procedure
A parent can petition the court for change of name. It may be difficult to seek change of name under the Parentage Act because other issues like custody and visitation may arise. Filing a petition can save time and money. Under Missouri Rule of Civil Procedure 95.01, the petition for change of name shall be verified and shall state:
a. The present name of petitioner and the name desired;
b. The reason for such desired change;
c. That the petitioner is a resident of the county in which the change of name is sought;
d. The date and place of birth of petitioner and petitioner’s father’s name and mother’s maiden name;
e. If petitioner is married, the name of petitioner’s spouse and if petitioner has children, the and ages of each and their place of residence;
f. If petitioner’s name has previously been changed, when and where and by what court;
g. Whether any judgment for money which has not been satisfied is pending
against petitioner and, if so, the style of the case wherein the judgment was entered and the court in which the judgment was entered;
h. Whether any action for money is pending against petitioner and, if so, the style
of the case and the court in which it is pending; and
i. That the change of name will not be detrimental to any other person.
Additionally, when petitioning for change of a minor’s name, there must be notice given to both parents. Under Missouri Rule of Civil Procedure 95.03:
When a minor files a petition for change of name, the written consent of each known parent shall be filed. If the written consent of each known parent is not filed, a copy of the petition, together with a notice stating the date of the hearing, shall be served on each known parent not consenting not less than thirty days before the date of the hearing. The service shall be by registered or certified mail addressed to the last known address of the non-consenting parent. Service shall be proved by the certificate of the clerk that he has mailed a copy of the petition and notice by registered or certified mail.
The judge is more than likely to grant the petition if the child is under the age of five and has not started school yet. The concern comes when the child is older. The court questions the motives and rationale for changing the child’s name when they are older. The court is more reluctant to change the child’s name once they are older. The child may become embarrassed or upset, or cause confusion. The court will employ the factor test to see if the name change is in the best interest of an older child.
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1 21 Mo. Prac., Family Law § 6:3 (3d ed.).
2 2 Children & the Law: Rights and Obligations § 11:18.
3 57 Am. Jur. 2d Name § 57.
4 21 Mo. Prac., Family Law § 16:1 (3d ed.).
5 Uniform Law Commission, (visited Mar. 4, 2015), <http://www.uniformlaws.org/ActSummary.aspx?title=Parentage%20Act>.
6 Wright v. Buttercase ex rel. Buttercase, 244 S.W.3d 174, 176 (Mo. App. 2008).
7 Id.
8 Id.
9 Id.
10 Id. at 177.
11 Id.
12 Id.
13 Id.
14 Id.
15 C.R.F. ex rel. C.R.C. v. B.M.F., 174 S.W.3d 90, 91 (Mo. App. 2005).
16 Id.
17 Id. at 92.
18 Id.
