can you tell me why they would need his consent please?

Question

my sister is enrolling her daughter, allie, in school but is in the process of changing Allie's last name. Allie has her father's last name, but her father is not on the birth certificate. He hasn't signed up his rights but he never sees her, he doesn't pay child support nor have they ever filed for it, and he is a wanted felon. Now the problem is, my sister's lawyer says he has to have the father's consent to change her daughter's last name! why?!
16 minutes ago - 4 days left to answer. 
Additional Details
father's rights belong to father's that actually want something to do with their kid. She told my sister she doesn't want his last name she wants her mom's last name. and the reason my sister wants to change it is because where they live is a small town and his last name has a bad reputation that EVERYONE knows about
4 minutes ago

Anonymous · Accepted Answer

if you do get it passed i happen to know a cool name i think Collins would be nice dont you  ?

MagnusMoss · Answer

Because he is the father? The father has as much rights to decide what is beast for the child as the mother. In many states, you can't change a child's name against the father's will without a court hearing.

You describe compelling reasons that exceptions should be made in this case. The thing is, the court doesn't know all of this. For all the court knows, he lived with the child until a week ago, and pays for everything for the child.  (An important thing to remember in the legal system is the court doesn't know everything you do)  If the court clerk just took your word for all of this without evidence and a hearing, it would effectively erase the rights of lots of hardworking fathers who are actively involved in the kid's life. 

There is probably some procedure whereby you can go to court and argue that the court should change the child's name without the father's consent.

Kyte · Answer

She's YOUNG, how the FVCK can you say she *wants* her mum's name.

If you or your sister have a backbone, or morals, you'll leave her with her father's last name despite his deficiencies, and when she's 18+ she'll be able to think independently without being "swayed" by people with personal animosity toward this particular chap.

LET THE CHILD MAKE THEIR OWN MIND UP ABOUT THE FATHERS


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livin life · Answer

He is the sperm donor so he has rights..rather than waste time on a name change, why not work on getting all his rights removed, then she can change the name...in a small town they will know her name ands parents with any name.

Chewy Ivan 2 · Answer

Father's rights belong to whoever supplied half of the genetic material for the kid.  You can't rewrite laws as you see fit.

Crown Royal · Answer

Just because he isn't exercising his rights, doesn't mean he automatically loses them.

That's why.

Anonymous · Answer

And you know any of this is true, how?
http://answers.yahoo.com/question/index?qid=20090717095648AAGUOpK
http://answers.yahoo.com/question/index?qid=20100217225423AAEIyel
http://answers.yahoo.com/question/index?qid=20100315200827AA7gMfu
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can you tell me why they would need his consent please?

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