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Does an Unmarried Mother Need the Father's Permission to Give a Child Her Surname

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  • 08-01-2016, 11:17 AM
    Flipster007
    Does an Unmarried Mother Need the Father's Permission to Give a Child Her Surname
    My question involves paternity law for the State of: Kansas. My daughter had her child in Kansas and the father was at the birth. He left 45 min. after the birth and went back to his home in a different state and has not returned or had any contact with her son. My daughter did give her son his last name. However, the father is not listed on the B/C. My daughter now wants to give her son her last name, not another man's, Does she need his consent in the state of Kansas? Thank you for any assistance anyone can give us!
  • 08-01-2016, 11:31 AM
    llworking
    Re: Consent
    Quote:

    Quoting Flipster007
    View Post
    My question involves paternity law for the State of: Kansas. My daughter had her child in Kansas and the father was at the birth. He left 45 min. after the birth and went back to his home in a different state and has not returned or had any contact with her son. My daughter did give her son his last name. However, the father is not listed on the B/C. My daughter now wants to give her son her last name, not another man's, Does she need his consent in the state of Kansas? Thank you for any assistance anyone can give us!

    Technically, since there is no father listed on the birth certificate you might be able to accomplish a name change without the consent of the alleged biological father. However, its also possible that the judge would make you track down dad, and then establish paternity, and then get dad's consent for the name change.
  • 08-01-2016, 11:44 AM
    Mr. Knowitall
    Re: Consent
    Quote:

    Quoting llworking
    View Post
    However, its also possible that the judge would make you track down dad, and then establish paternity, and then get dad's consent for the name change.

    There's nothing in Kansas case law or statutes that would give a judge any such authority, or that would make the establishment of paternity a prerequisite for a name change. If you are suggesting that it's possible that a court might overstep its bounds and order something it has no actual authority to require, sure, it's possible, but where would such a list of theoretical possibilities end?

    There is case law in Kansas that proceeding with a name change without notice to the biological father is a violation of his Due Process rights, so it's reasonable to expect that the court will require notice to the father. See, e.g., Carroll v. Johnson, 263 Ark. 280, 565 S.W.2d 10 (1978). After receiving notice, if dad wants to oppose the petition or attempt to establish paternity, that's up to him.
  • 08-01-2016, 11:52 AM
    llworking
    Re: Consent
    Quote:

    Quoting Mr. Knowitall
    View Post
    There's nothing in Kansas case law or statutes that would give a judge any such authority, or that would make the establishment of paternity a prerequisite for a name change. If you are suggesting that it's possible that a court might overstep its bounds and order something it has no actual authority to require, sure, it's possible, but where would such a list of theoretical possibilities end?

    There is case law in Kansas that proceeding with a name change without notice to the biological father is a violation of his Due Process rights, so it's reasonable to expect that the court will require notice to the father. See, e.g., Carroll v. Johnson, 263 Ark. 280, 565 S.W.2d 10 (1978). After receiving notice, if dad wants to oppose the petition or attempt to establish paternity, that's up to him.

    While I do not disagree with you, how does the judge determine if the correct party is being noticed if paternity has not been established?

    The point I am making is that this is not going to be a slam dunk for mom just because dad has not yet established paternity.
  • 08-01-2016, 01:47 PM
    Taxing Matters
    Re: Consent
    Quote:

    Quoting Mr. Knowitall
    View Post

    There is case law in Kansas that proceeding with a name change without notice to the biological father is a violation of his Due Process rights, so it's reasonable to expect that the court will require notice to the father. See, e.g., Carroll v. Johnson, 263 Ark. 280, 565 S.W.2d 10 (1978). After receiving notice, if dad wants to oppose the petition or attempt to establish paternity, that's up to him.

    While in substance I agree with you, the case you cited is unfortunately from Arkansas, not Kansas. Granted, both states contain the name “kansas” in them, but they don’t even pronounce that the same, and certainly aren’t the same state :D However, there is similar case law in Kansas that, while not going so far as to say that it is a civil rights violation not to include the father, nevertheless says that the court must take into account the rights of the parents before granting a name change. “Therefore, we hold that in exercising the discretion implicit in deciding whether a reason for a name change has been shown (K.S.A. 60-1402), the court considering the proposed name change for a child should also consider the interests of the parents and the best interests of the child.” In the Matter of the Application to Change the Name of Mekea LaDawn Morehead, 10 Kan. App. 2d 625, 628-629; 706 P.2d 480 (1985). This case cited Carroll as support for its holding, though did not go quite so far as the Arkansas court did.
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