Changing My Daughter Last Name to My Husband's

**rawortley** · 10-03-2010, 12:45 PM

My question involves name change laws in the State of: TENNESSEE
I need to know what I need to do to get my daughters last name changed in th state of TN. Currently she as my madien name. Her biological dad never signed her birth certificate. My husband has been raising my daughter since she was two. Now that we are married my daughter wants her to name to be like the rest of her family's. Even though her dad hasnt seen her in over 3 years I do how to reach him if I need to. I am not sure how it works because legally he has no rights since he has never been put on the birth cerificate or paid child support or anything that. I am just hoping someone can tell me the procedure for my situtaion, Everywhere I look I can only find people who want to do this and the father still has some rights. My husband is an attroney and he doesnt know the anwser to this but all the legal stuff will be easy if we just know how to start.

**Dogmatique** · 10-03-2010, 12:57 PM

Regardless, Dad will need to be notified as a rule.

If you don't know where he is, you really do need to speak with a family law attorney because he'll need to be served - possibly via publication and that's never a DIY project.

**rawortley** · 10-03-2010, 01:11 PM

Like I said, I know how to reach her dad, thats not a problem. I never said we would do it ourselves but being MY HUSBAND IS AN ATTRONEY, he has many friends to handle things for us that are in the whatever law we are needing for that matter. But we would like to make it as easy as possible on them and handle as much of it as we can by oursleves, since they are going out of there way, likei if papers need to be drawn up, he can do that himself. Its not like were some random people wanting to take care of this my husband, his dad and sister are all attroneys, just bankruptcy and divorce. I figured he had to be notififed but I am trying to find out if he is gonna have to take a paternity test to prove hes the dad, before he can even say we can change her name. I am not trying to around him in doing this, I have no doubts (if he even did have a problem) that a judge would grant this, I am just wanting to know in my situation exactly what would happen, the steps, does he have to be established as the father, since this has never happend before he can say no or yes ? If he does who pays for that if not what would I need from him to say he agrees with this? Are u a family law attroney if so what is the procedure for this situation?

**Dogmatique** · 10-03-2010, 01:34 PM

Why the snippy attitude? No need for that.

Yes, paternity needs to be legally established in TN before you can change the minor's name. Whomever files the paternity petition usually pays the fees involved. Then, you would file the appropriate petition. Dad will be served. He will then have a chance to object. If he does, then the court will decide what is in the child's best interests. If he does not, the name change will go ahead.

Read more here

**CourtClerk** · 10-03-2010, 02:04 PM

Whoa.... your attitude needs a makeover.

Since one of those attorneys you know is a FAMILY LAW ATTORNEY, this should be easy peasy for them, including knowing procedure and the proper forms to file for your specific jurisdiction. So, go take your attitude to them. However, if you want them to do it for free or something close to, you may want to fix that before you get there.

**Mr. Knowitall** · 10-03-2010, 02:22 PM

Quoting Dogmatique

Yes, paternity needs to be legally established in TN before you can change the minor's name. Whomever files the paternity petition usually pays the fees involved. Then, you would file the appropriate petition. Dad will be served. He will then have a chance to object. If he does, then the court will decide what is in the child's best interests. If he does not, the name change will go ahead.

The page you cite does not identify the source for the rule it describes as "39.08" - it is not a Tennessee statute. It is a local court rule for Davidson County. The statutes themselves do not require that paternity be established before a name change may be ordered; but I am not going to check to see whether every county in Tennessee has rules similar to those of Davidson County. The OP's husband should be more than up to the task of researching the relevant local court rules.

Tennessee Courts have articulated five factors a court should consider when evaluating a name change petition, along with other factors the court may deem relevant,

Quoting Barabas v. Rogers, 868 S.W.2d 283, 287 (Tenn. Ct. App. 1993)

(1) the child's preference, (2) the change's potential effect on the child's relationship with each parent[,] (3) the length of time the child has had its present surname, (4) the degree of community respect associated with the present and proposed surname, and (5) the difficulty, harassment, or embarrassment that the child may experience from bearing either its present or its proposed surname.