QUESTION

How can a mother remove the father's last name from birth certificate?

Asked on Feb 09th, 2016 on Family Law - New Jersey
More details to this question:
I'm asking this question from the state of NJ. So a man and a woman are in a relationship and have children. On the birth certificate both parent's last name is placed. Later in the future the husband physically assault the mother. The husband is arrested and goes through the court process, now there is a restraining order against him. So he is not allowed to be in contact with his wife anymore. The father was deported and is no longer in this country. My question is what steps do you take to remove the father's last name from the children birth certificate so that the mother has total control over legal matters regarding her children. She can not get in contact with her husband and the restraining order is still in place against him. For example if she wanted to get the kids their U.S. passport it requires both parents to be present, I know there is a form for cases like this but the mother would just rather remove the fathers last name from her kids so that she does not have to alwa
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1 ANSWER

Anthony Van Zwaren
I have had cases like this. Although it is time consuming it can be completed. It is necessary to have a judge approve a notice of service of a complaint for change of birth certificate or name change by alternate service. If approved this allows the service by publication in a daily periodical that is accepted as a place for legal notices in the county of his last known address. But first you have to provide what is known as an affidavit of due diligence, usually provided through a private investigation service that checks for addresses throughout the US by social security number, date of birth, drivers license # and/or other identifiers. Once an affidavit is received that no address can be located and that he is likely not in the country, a court will usually permit alternate service. Another method I have used when the other parent knows of family members in the other country is to actually try and get information from them (if they are willing to share). Be advised though that service in a foreign country can be a tricky affair as some recognize the same forms of service we do (registered mail or personal service for instance) if they have signed the Hague Convention treaty on that, while others do not. Sometimes it is necessary to get an attorney involved in the other country. But the easier method is if you can get service by publication of legal notice here in N.J.
Answered on Feb 16th, 2016 at 7:42 AM

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