minor child name change

[mrzjeni]

What is the name of your state (only U.S. law)? kansas
I have a 5yr old child who carries his fathers name first last and middle. I want to change his last name to my last name I have a 9 yr old who has my last name. I was married in jan of 06 in Nov of 06 he decided to move back to ND the divorce was final at the beggining of this yr. Since he left he has not sent a birthday or christmas card gift anything has made no effort to visit has not made more then maybe 10 calls to the child in that time. He did not pay any child support until the divorce was final ordered at right around 200 a month I have maybe recieved 300 dollars if that since the divorce was final. He recently got out of jail after 20 months which he did have income because he had work release but since getting out he worked maybe 2 weeks then quit but not for a job just because he didnt want to work i would assume. I want my child to have the name that his family who takes care of him suports him and is there for him being me has. I want to know what I need to show the court to prove it is in his best interest to have his name changed and what my chance would likely be that i could get it changed

[mrzjeni]

There is also a 90% chance that if this goes to court he will not show up to fight it.... does that help my chances any?

[Ohiogal]

You have to serve dad notice of your request for a name change. If dad does not show up but was properly served then you have no issues.

[Gracie3787]

Originally Posted by mrzjeni

What is the name of your state (only U.S. law)? kansas
I have a 5yr old child who carries his fathers name first last and middle. I want to change his last name to my last name I have a 9 yr old who has my last name. I was married in jan of 06 in Nov of 06 he decided to move back to ND the divorce was final at the beggining of this yr. Since he left he has not sent a birthday or christmas card gift anything has made no effort to visit has not made more then maybe 10 calls to the child in that time. He did not pay any child support until the divorce was final ordered at right around 200 a month I have maybe recieved 300 dollars if that since the divorce was final. He recently got out of jail after 20 months which he did have income because he had work release but since getting out he worked maybe 2 weeks then quit but not for a job just because he didnt want to work i would assume. I want my child to have the name that his family who takes care of him suports him and is there for him being me has. I want to know what I need to show the court to prove it is in his best interest to have his name changed and what my chance would likely be that i could get it changed

Before you file anything, you really should get a consult with a local attorney to find out what your realistic chances are.

Some of it will depend on what Dad was in jail for. Since he was in jail for almost 2 years out of the past 2.8 years, he would likely have a valid reason for not visiting, calling or sending a card.
Either way, this really isn't something that you want to attempt without first getting a consult just to make sure that you won't be wasting your time and money.