Name Change to Paternal Father

My question involves name change laws in the State of: Missouri

To try to make a long story short: My husband and I dated on and off until we got married. During one of our "off" times I got pregnant by someone else. The guy signed the birth certificate. At the time, my husband has just gotten back the night before from Iraq and we had initially been planning on getting married the next day and me being induced to have my son 4 days after. So.. When my son was born, I signed the birthcertificate with my maiden name, the bio father signed the birth certificate and I listed my son's last name as my fiance's because we were getting married in 2 days. The bio father had no objection at the time. Fast forward 2 years. Happily married. Bio father has only seen the child twice. He served me with custody papers the day before he knew I was moving to CA from MO. Haven't heard from him but a few times and at Christmas he called said he wanted to give up his rights. I had paperwork drawn up and the next thing I get is papers from my lawyer saying his lawyer has requested a court date on CUSTODY!!! And now he's requesting to have his last name changed to HIS! He's only seen my son 2 times since leaving the hospital! Do you think that the court will really change it??? I even said I'd hyphenate it as to not have to go to court and he said no! He wants it only his last name!!! Please let me know your opinion on whether the court will make us change it. My husband will be so upset. This is a huge thing to him. He's raising our son as his own! :wallbang:

I doubt that the court will change it, given that he apparently consented to the name and has not played any meaningful role in the child's life. But I suggest getting a lawyer of your own to fight his motion.

We do have a lawyer and hopefully will just outspend him. LOL. I wish I could think of something to do to sock it back to him... I'm not hateful like that, though... :) Thanks for your input. I sure hope you're right....