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My son's biological father says he has changed my son's name.

Rochester, MN |

My son's biological father said he changed my son's last name and I received papers from the court saying he was allowed to do so, however, I was never notified there was to be a court hearing. Now he says his attorney told him he can change my son's middle name just by filling out an affidavit form. The biological father lives in another state and the papers I received about his last name were from his home state even though my son has never lived there. Can a judge order a name change without notifying me, the custodial parent? And shouldn't all court hearings related to my son take place in the state in which my son lives?

Attorney Answers 2


  1. Hello. I urge you to have attorney assistance at this time. You stated you have received 'court papers' pertaining to this, so, of course, the attorney will want to view those papers. The attorney will want to view the existing Minnesota court order governing custody, and likely will need to take a look at the governing statute or statutes of the state that made such an order. In certain cases, it is possible that the parent who petitioned the court for a name change of a child did not represent to the deciding court the correct facts pertaining to custody and prior court orders. Any Minnesota licensed attorney may assist you. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

    Twin Cites. Call 612-296-9666 for a consultation: CHILD CUSTODY Law, CHILD SUPPORT Law, FAMILY Law, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net Tricia Dwyer, Esq. & Assoc. PLLC


  2. No, a court should not be able to change the name without notice to you. In addition, if the child has never lived in that state, the ordering court would not have jurisdiction over the child. I suggest you contact a local family law attorney to review the paperwork to see if it's legitimate and if so, to remedy the situation in Minnesota.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.