Full question:
My ex-wife remarried and moved to Louisiana with my son. I live in Washington state. I have found evidence of a last name change for my son with out my consent. Can she do this? It is my son's identity and who he was when he was born. I never divorced my son.
- Category: Name Change
- Date:
- State: Louisiana
Answer:
In Louisiana, changing a minor's name typically requires both parents' consent. However, there are exceptions. A petition for a name change must be filed in the district court of the relevant parish. The court will hold a hearing to ensure the name change is not for an improper purpose, such as to defraud creditors.
If one parent has custody of the child, they may not need the other parent's consent if:
- The other parent has failed to pay support for one year.
- The other parent has not supported the child for three years after a custody judgment.
- The other parent has not visited or communicated with the child for two years without just cause.
This is outlined in Louisiana law, which states that a petition for a name change must be signed by both parents unless specific conditions are met (La. Stat. § 13:4751).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.