Missouri law allows adults to request a name change through the courts and for an adult to request a name change for a child under age 18 through the courts. Adult name changes are typically straightforward, requiring a petition signed under oath by the adult, a hearing with the court, and publication of the name change.
Filing for a Child’s Name Change
Like a name change for an adult, the filing for a child’s name change requires a petition signed by a parent acting on the child’s behalf.
Consent Requirements
If both parents agree to the change, they must also file a signed consent. If the child is over the age of 14, then the child must also sign a consent. A hearing is then required, the name change is granted, and typically, publication of the name change is required.
Contested Name Changes
However, when one parent does not agree with or consent to the name change, the matter becomes contested, and the court must consider whether the name change is in the child’s best interest. This consideration is addressed with the judge at the hearing, and the judge may either grant or deny the name change, depending on whether the court believes the name change serves the child’s best interest.
Notice Requirements and Abuse Concerns
When a parent does not consent to the name change, the law requires the non-consenting parent to be notified of the name change action.
What if There Is a History of Abuse?
But what about when there has been a history of abuse of the child by the non-consenting parent? Should those parents receive the same notice and be provided with the opportunity to contest the name change of the child?
Missouri law waives the publication requirement when the child is a victim of certain abuse. The intent behind waiving publication of a minor’s name change is surely to protect the child from their abuser.
If publishing the name change poses danger to an abused child, notifying the abuser of the name change action potentially also endangers the child.
Court Considerations for Notice and Consent
The court must consider the best interest of the child when considering the name change, and the same standard applies when considering whether there is a reason that a parent who’s abused the child should be provided notice or required to consent to the change as the law provides. It is left to the parent requesting the change to prove the best interest and for the judge to decide whether to withhold notice, waive consent, and publication.
Legal Advocacy for At-Risk Children
The potential threat to a child by an abusing parent should be considered at the time of filing, and only an experienced lawyer can attempt to convince a court that this notice requirement should be waived.
Contact an Attorney for Support
Don’t let the consent of an abusing parent or the fear of notice to that parent prevent you from moving forward with your child’s name change. Contact an attorney at Paule, Camazine & Blumenthal and we will work to have this requirement waived.
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