Laws are always legislated to promote the best interest of the public. The Supreme Court decisions are implemented to protect the rights of different individuals. Among the class of persons who are favored by the law are children. They are the ones who receive the most benefits because the State sees it as a responsibility to give more to those who cannot take care of themselves. Most lawyer in waukesha would agree that this is the reason why various state laws that focus on the rights of the children are being created.

Little boy drawing on a white wall.

Under the current state law, a minor child takes the surname of his or her father. This is on the premise that the child was born during the existence of a valid marriage, or if the parents are unmarried, the father has executed an affidavit of affirmation and acknowledgement of paternity.

As a general rule, the father’s last name can no longer be changed. However, the law provides for certain exemptions. There are instances when one of the parents may change the child’s last name without the permission of the other parent. Below are some of the circumstances recognized by law:


  • When one of the parents is already deceased, the surviving parent can already file a petition to change the family name of the child.
  • When the minor has reached sixteen years of age.
  • When the minor child was able to obtain the consent of the custodial parent who has supported the former.
  • When the clerk of court is satisfied that the non-custodial parents has abandoned the minor child.
  • When the clerk of court has sufficient grounds to believe that the non-custodial parent has been adjudicated as having abandoned the former.


If you are interested in learning more about the processes of how one parent can change the last name of the minor without the consent of the other parent, book an appointment with a lawyer and allow him to educate you with all the related statutes. The same lawyer will be able to discuss the different ways on how you can speed up the process of changing the surname. You can also read the special laws applicable to this type of cases. Make sure that you do not take a step without consulting with a lawyer. Take note that you must be aware of every legal step that you will take, because it will affect your rights and obligations. Most importantly, always do acts that will promote the well being of the minor child.