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no.

No, you'd have to get his permission.

You can petition the courts, but it's doubtful they'll change it.

The following questions were submitted to John Roska, an attorney/writer whose weekly newspaper column, "Q&A: The Law," runs in the St. Louis Post-Dispatch (Illinois Edition) and the Champaign News Gazette. This article was published on July 21, 2009. Q: I want to change my daughter’s last name. I originally wanted my daughter to have her father’s name, but now that the father and I aren’t together, I want my daughter to have my last name. The father objects, and says he’ll fight it. He’s kind of a jail house lawyer, and claims I need to prove by “clear and convincing” evidence that the name change is necessary, which he says I won’t be able to do. Is that anything different than what’s required in all court cases? If so, what’s the difference?

A: He’s right; minor name changes require clear and convincing evidence. That’s more proof than is usually required.

From easiest to hardest, the three main burdens of proof that American courts apply are: by a preponderance of the evidence; by clear and convincing evidence; and beyond a reasonable doubt. The first two get applied mostly in civil cases. Criminal cases require proof beyond a reasonable doubt.

While it’s easy to list the different burdens of proof, they’re impossible to define precisely. Some court cases even say trying to define them just makes things worse. Nevertheless, judges apply those burdens of proof whenever they make a decision, just as juries do whenever they reach a verdict.

Most civil cases involve the easiest burden of proof: by a preponderance of the evidence. However, the Illinois Code of Civil Procedure, for example, doesn’t specifically spell that out (except for eviction cases). The preponderance of the evidence test is really just something established over time by the traditions of the common law.

Although it resists definition, preponderance of evidence is often described as more likely true than not; or more probable than not. An instruction sometimes given to juries says it “means that a proposition must be shown to be more probably true than not true.” Crudely, a preponderance of evidence slightly tips the scales of justice.

Clear and convincing proof is sometimes required in civil cases, and in criminal cases to prove the insanity defense. Besides being required in minor name changes, other specific laws also require proof by clear and convincing evidence to modify child custody orders, get punitive damages, and to involuntarily terminate someone’s parental rights.

That’s just a partial list of when proof by clear and convincing evidence is required.

The Code of Civil Procedure actually defines clear and convincing evidence—but only for punitive damage claims in tort or product liability cases involving personal injuries or property damage. Then, clear and convincing evidence “means that measure or degree of proof that will produce in the mind of the trier of fact a high degree of certainty as to the truth of the allegations sought to be established.”

The Code goes on to say that this “requires a greater degree of persuasion than is necessary to meet the preponderance of the evidence standard.”

So, clear and convincing evidence is more than just a preponderance of the evidence, but not as much as evidence beyond a reasonable doubt.

The different burdens of proof explain how O.J. Simpson could be acquitted in his criminal case, but be liable for money damages in a civil case.

“Burden of proof” can also get tricky, but in civil cases, when you file, it’s on you.

No you would have to have him agree or have a judge rule in your favor in family court.

Out of curiosity, why your grandpas?

To amend the last name of a child requires the Affidavit and Certificate of Correction Request form, photo ID and the fee. If the child's last name is misspelled and that child has the same last name as a parent listed on the birth record, a copy of that parent's birth record is required. In some situations, a copy of the parents' marriage record or an older sibling's birth record also can be used. The document submitted must have been created prior to the birth of the child. If the original handwritten worksheet from the hospital of birth supports the requested amendment, a copy of this document can be submitted as proof. The hospital can send this document directly to this office.
If a Voluntary Acknowledgment of Paternity form, administrative order of paternity or court order of paternity has been completed, you can, within one year, make one change to the child's name. THIS IS ONE YEAR FROM THE DATE THE VOLUNTARY ACKNOWLEDGMENT OF PATERNITY WAS SIGNED OR PUBLIC AID OR THE COURTS ESTABLISHED PATERNITY. IT IS NOT ONE YEAR FROM THE DATE THIS OFFICE COMPLETED THE CHANGES ON THE BIRTH RECORD. The Affidavit and Certificate of Correction Request form, photo ID and the fee are required. Both parents separately must complete the affidavit. If either parent is not willing or unavailable to complete the affidavit, then a court order of legal name change is required.
If a court order of non-paternity was previously submitted to this office, then a court order of legal name change is required to change the child's name.

Quoting Landon Ryder*:" I want to change my sons last name to my Grandpas but i know his father wont agree even though he is ... [snip!] ... even though he is a dead beat. Can i do this without him signing anything? He is on the BC and im in Illinois if that matters."

nope. youd have to petition the court to do it, and he would have to consent to it, or a judge would hear your case and decide if why you want to change it is more relevant than why his dad doesnt.

Quoting Rd.:" Out of curiosity, why your grandpas?"

Well my last name is Rice so his name would be Landon Ryder Rice which is disgusting lol and i don't want my grandpas last name to die out in our family. He passed away a long time ago.

Quoting Landon Ryder*:" Well my last name is Rice so his name would be Landon Ryder Rice which is disgusting lol and i don't want my grandpas last name to die out in our family. He passed away a long time ago."

Ahh I see, nice!

Quoting Lil' Nugget.:" The following questions were submitted to John Roska, an attorney/writer whose weekly newspaper column, ... [snip!] ... for money damages in a civil case. “Burden of proof” can also get tricky, but in civil cases, when you file, it’s on you. "

Thank you!

About to go through the same thing

I want my daughters name changed to my maiden name so we can have same last name when I get a divorce. I emailed him the paperwork and he agreed to it. He doesn't want anything to my kids. I guess it doesn't fit into his new life. But ya.

I hope your BD changes his mind and agrees to let you change the name. Since it's a boy he is probably being like that.

Quoting maymays:" About to go through the same thing I want my daughters name changed to my maiden name so we can have ... [snip!] ... ya. I hope your BD changes his mind and agrees to let you change the name. Since it's a boy he is probably being like that."

Aww im sorry. I remember reading about how he wants nothing to do with you guys. That is horrible :/
I hope you get what you want! and yes he is only like that because he is a boy. My BD has another kid on the way with someone else so i don't know if that would matter.

Ya he is a total douche and so was I for being with him.
I feel less douchey already lol

Just ask him to agree to change it for your son's sake.
I want me and my kids to be our own little family, he was like whatever about it.