QUESTION
How can I change a minor child’s last name without father consent?
Asked on Dec 14th, 2012 on Child Custody - Georgia
More details to this question:
We were never married but he is listed on birth certificate. Has court ordered support but has never paid a penny. Has not seen the children in over 7 years. Last known place he was would be prison.
11 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You have to filed in court for the name change, and you must notify the father. If he comes in and objects, you still may be able to make the change. Consult a local attorney if he responds so you'll know what evidence to present.
Answered on Dec 17th, 2012 at 4:13 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can file a motion with the court and ask to change the name. Otherwise, you need the father's consent.
Answered on Dec 14th, 2012 at 11:13 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, you can't change the child's name without a court order permitting the change and directing issuance of a new birth certificate. In most states a court will probably not permit the change over the father's objection even if he has not paid support an abandoned the child, but he will have to be notified that you are asking the court for a change so that he can either object, consent, or ignore the case entirely.
Answered on Dec 14th, 2012 at 11:11 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Most states require that your provide formal notice to the other parent of your request to change the name of a minor child. The notice need only be issued to the "last known address".
Answered on Dec 14th, 2012 at 11:07 PM
Immigration Law Attorney serving San Jose, CA
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Ahluwalia Law Professional Corporation
You would have to file the Petition for Name Change and then you have to publish such info in local newspaper of general circulation. You have to list his information. You have to include him in the decision. If you cannot find him, you can get a court order to serve him by publication as well. Otherwise, you have to show to the court why he is not consenting. If you show good cause, the judge might allow it.
Answered on Dec 14th, 2012 at 10:58 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You must file the paperwork requesting the name change and must file the proof of service that he was notified of the hearing date, so that he has the option to oppose your request. If you can't find him, you will have to go before the court and request for him to be served by publication in a local newspaper, you must present the proof that you tried to find him and were unsuccessful (contact his relatives, friends, prior employer, tried his last known phone number and address, etc.).
Answered on Dec 14th, 2012 at 10:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to petition the family or probate court to allow a change in the name.
Answered on Dec 14th, 2012 at 10:33 PM
Adoption Attorney serving Fort Walton Beach, FL
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Rubin Law Firm
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You would need to file a petition for name change of minor child and serve him by sheriff with the papers, and have a Judge order it at trial.
Answered on Dec 14th, 2012 at 9:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In any case of legally changing a person's last name, you will have to go to court and ask the judge to allow you to change the name. This will require you to locate the father and have him served with a copy of the petition and a summons.
Answered on Dec 14th, 2012 at 9:36 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You need to ask the court for an order to change the name and that will require notice to the father. I suggest you hire a lawyer.
Answered on Dec 14th, 2012 at 9:02 PM
Listed on the birth certificate does not mean that he has legitimated her. Therefore he may or may not have any legal right to her. You should contact an attorney to discuss more details.
Answered on Dec 14th, 2012 at 9:00 PM