QUESTION
How can I change my kids' last name to my husband's last name if their father hasn't been around since they were 5 years old?
Asked on Mar 12th, 2013 on Child Custody - Illinois
More details to this question:
The father never signed any paper work for my kids and does not appear in their birth certificates. Does he need to sign anything before I can change my kids' last name?
5 ANSWERS
John Arthur Smitten
You have to get a court order.
Answered on Mar 13th, 2013 at 1:18 AM
In order to change the children's last name, you would need to either obtain the biological father's consent or you will need to serve him with notice of the proceedings so he has an opportunity to appear and object. You will also need the consent of your husband under the circumstances you've described.
Answered on Mar 12th, 2013 at 10:49 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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No you can not change your children's without serving him and or having him sign consent This does not mean that your husband is now the father of the children once their name is changed. He would have to legally adopt them.
Answered on Mar 12th, 2013 at 9:32 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Make an application to the court.
Answered on Mar 12th, 2013 at 9:27 PM
In order to do a name change we have to inform the father of our desire to do so. There are a couple of ways in which to provide notice to the father.
Answered on Mar 12th, 2013 at 9:24 PM