How Do I Change My Daughter's Last Name and Terminate Her Father's Rights in Utah?

Attorney Answer

A name change and terminating your daughter's father's parental rights are two separate legal processes in Utah, and it helps to think about them separately. Changing your daughter's last name is generally the more straightforward step. Under Utah's Change of Name Act, Utah Code § 42-1-1 et seq., you file a petition with the court. Because your daughter's father is listed on her birth certificate, he is legally entitled to notice of the petition and has the right to object. If he objects, a judge will decide based on your daughter's best interest and whether there is proper cause for the change. If he does not respond after being properly served, the process is usually faster.

Terminating his parental rights is a much bigger step, both legally and practically. Utah courts do not terminate a parent's rights lightly, since it permanently ends the legal relationship, including his obligation to pay child support. Grounds for termination are set out in Utah Code § 80-4-301 and include things like abandonment, meaning the parent has intentionally given up contact and shown no intent to resume it. A pattern of no contact and no support over a meaningful period of time can support an abandonment claim, but it still requires a court petition, evidence, and a judge's finding that termination serves your daughter's best interest. It is also worth knowing that Utah courts often look more favorably on terminating a parent's rights when it is paired with a stepparent or relative adoption, rather than terminating rights with no one else stepping into that role.

Before you file anything, think through one practical point: if his rights are terminated, he is no longer legally obligated to pay child support, even if he has not been paying informally. Some parents choose to keep that door open rather than close it.

Next steps: 1. Consult a Utah family law attorney to talk through whether you want a name change alone, or a name change plus termination. 2. Gather any records showing the lack of contact and support, such as texts, calendars, or the absence of any communication. 3. File the name change petition first if that is your priority, since it does not depend on resolving the termination question.

This is general legal information and not legal advice. A Utah family law attorney can help you weigh the tradeoffs and file the right petitions for your daughter's situation.