Fargo, ND asked in Family Law for Minnesota

Q: My step son wants my last name doesn't want his fathers last name doesn't see him or talk to him hardly can we change it

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1 Lawyer Answer
Lucas Wynne
Lucas Wynne
Answered
  • St. Louis Park, MN
  • Licensed in Minnesota

A: I do not consider this to be an expensive case, but it is one for which you will likely need an attorney. Generally, this is the type of case attorneys like myself, who regularly serve the Fargo-Moorhead area, do on a flat fee because we know the amount of time and effort required. Please note that my answer is specific to the state of Minnesota as I see you are asking this question in the Minnesota.

My advice is this - in Minnesota, you will need to file a name change application, notify the father within the time limit prescribed by law, attend a hearing as to why the name should be changed, bring two witnesses, bring any information or evidence that is pertinent, follow the rules of civil procedure to the letter of the law, and truly convince the judge that the name change is in the best interest of your child. If the father shows up or retains an attorney, an in-court battle may result. You will need to be prepared - which is why an attorney is suggested. Do not rely on this answer as to all information and procedure required as the statutes are specific. Because I see you are located in Fargo, please note that this answer is specific to Minnesota but I assume your issue is in a Minnesota court - not a North Dakota court.

Disclaimer: I am not your attorney if and until a written agreement is entered into by both parties. You should not rely on this answer to guide your legal decisions.

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