[MO] [MO] If one parent has 100% physical and legal custody of a minor child, do they need to notify the other parent if the child wants to change their name?

Lexi, Chatbot

Has there been a court order specifying the custody arrangement?

Lexi, Chatbot

Are both parents listed on the child’s birth certificate?

Robert L

Hi, my name is Robert, and I will be happy to help.

Robert L

Even when one parent has sole legal and physical custody, Missouri law still typically requires notice to both parents before a child’s name can be changed — unless the non-custodial parent’s parental rights have been legally terminated. This is because the name change is a significant legal decision that affects the child’s identity and documentation.

Here's how it works in Missouri:

1. Filing a Petition for Name Change

You (as the custodial parent) would need to file a Petition for Change of Name of a Minor in the circuit court of the county where you live.

2. Notice to the Other Parent

If the other parent’s rights are still intact, Missouri law requires that they be notified of the petition.

• If you know where they live, you must have them served with a copy of the petition.
• If you do not know their location, you can request permission from the court to provide notice by publication in a local newspaper.

3. Court’s “Best Interest of the Child” Standard

Even if the other parent does not respond, the court must still find that the name change is in the child’s best interest. The court will consider:

• The length of time since the child has had contact with the non-custodial parent,
• The child’s age and preference (especially if old enough to express it),
• Whether the child identifies with the custodial parent’s name,
• Any emotional or social benefit to the child.

If the Other Parent Doesn’t Respond or Objects

If the father does not respond after being properly notified, the court can proceed by default and grant the name change.

If he objects, the court will hold a brief hearing to determine whether the name change still serves the child’s best interest.

Given that he’s had no contact for over 10 years, the court will likely favor the request, especially if the child expresses a clear desire to share the custodial parent’s name.

Summary

• You must notify the other parent unless his parental rights are terminated.
• His consent is not automatically required — the court can approve the change without it if he fails to respond or if the judge finds it’s in the child’s best interest.
• Given the long absence and lack of involvement, Missouri judges commonly approve name changes in cases like this.

Robert L

I hope that my explanation has fully answered/resolved your question. Please remember that this answer is general legal information only and does not constitute legal advice nor result in the formation of an attorney-client relationship.