Is a Parent Required to Consent to Name Change of Minor in Louisiana?
Full Question:
Answer:
In Louisiana, a petition for a name change, explaining the reason for the requested change, must be filed in the district court of the parish of your residence, the parish of your birth, or the parish of venue for the Vital Records Registry. The judge will have a hearing in roder to determine that the reason for the name change isn't for an improper purpose, such as to defraud creditors.
Typically, both parents must consent to the name change of a minor, however, Louisiana law has an exception to consent if the parent has failed to pay support, visit ,or communicate with the child.
The following is a LA statute:
If the person desiring such change is a minor or if the parents or parent or the tutor of the minor desire to change the name of the minor:
(1) The petition shall be signed by the father and mother of the minor or by the survivor in case one of them be dead.
(2) If one parent has been granted custody of the minor by a court of competent jurisdiction, the consent of the other parent is not necessary if the other parent has been served with a copy of the petition and any of the following exists:
(a) The other parent has refused or failed to comply with a court order of support for a period of one year.
(b) The other parent has failed to support the child for a period of three years after judgment awarding custody to the parent signing the petition.
(c) The other parent is not paying support and has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of two years.
(d) Repealed by Acts 2001, No. 555, § 1.
(3) In case the minor has no father or mother living, the petition shall be signed by the tutor or tutrix of the minor and in default of any tutor or tutrix, shall be signed by a special tutor appointed by the judge for that purpose.
(4) The petition may be signed by either the mother or the father acting alone if a child has been given a surname which is different from that authorized in R.S. 40:34(B)(1)(a).