How do I have my daughter's last name changed since I was found to be the father?

Full question:

I have a daughter that is 9 years old. At the time of her birth there was question of paternity because her mother was married to another man. The mother is since divorced from said husband, paternity was settled identifying myself as her father and I now have joint custody of my daughter. The former husband executed a 'Denial of Paternity and Release of Rights' and was excluded as the father of said child through a paternity test. My daughter still carries the former husbands last name. Can I legally change her last name to reflect mine? Where do I start?

• Category: Name Change
• Date: 04/07/2025
• State: Tennessee

Answer:

The need for a legal name change may result from marriage, divorce, adoption, or simply a desire to have another name. Establishment of paternity is often a reason for granting a name change. The court may also order a correction of a birth ceritifcate in some cases. Generally, a person cannot change their name for a fraudulent purpose, such as to avoid judgments or legal actions against him or her, or to avoid debts and obligations. Other people's rights cannot be affected, and the use of a curse word as a name would not be recommended. When a minor is involved, the court will look to the best interest of the minor. A court order is recommended for a name change and is required by most states.

The following are TN statutes:

29-8-101. Jurisdiction — Persons ineligible — Inmates. —

(a) The circuit, probate and county courts have concurrent jurisdiction
to change names and to correct errors in birth certificates on the
application of a resident of the county in which the application is made.

(b)

(1) Notwithstanding any other provision of law to the contrary,
persons who have been convicted of the following offenses shall not have
the right to legally change their names:

(A) First or second degree murder; or

(B) Any offense, the commission of which requires a sexual offender to
register pursuant to the Sexual Offender Registration and Monitoring Act,
codified in title 40, chapter 39.

(2) The provisions of this subsection shall not apply if the name
change is the result of a lawful marriage.

(c) No public funds shall be expended to change the name of any person
who is an inmate in the custody of the department of correction.

29-8-102. Petition.

The application to change the name or to correct an error in a birth
certificate shall be by petition, in writing, signed by the applicant and
verified by affidavit, stating that the applicant is a resident of the
county, and giving the applicant's reasons for desiring the change or
correction.