QUESTION
How do I go on changing my daughter’s last name and terminating the father’s right and is there a fee?
Asked on Sep 10th, 2012 on Child Custody - Indiana
More details to this question:
My daughter’s father was sentenced to four years in prison for a drug charge in another state. I no longer receive child support.
11 ANSWERS
You can file a petition to change her name in the probate court for the county where you live. The filing fee is usually $160 plus you have to pay for publication of notice of the petition (depends on where it's published). Call your probate court office they often have a packet of forms for you to complete or you can find them on line (courts.michigan.gov).
Answered on Sep 18th, 2012 at 2:39 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
You would need to file an OSC to change name. There is a filing fee and you must pay to publish the notice of hearing in the newspaper and you must give him notice so he can object. The other option is step-parent adoption which has substantial fees.
Answered on Sep 18th, 2012 at 2:38 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
In Ohio, to terminate a father's rights, you must be married to a man who does a step-parent adoption of your child. For the adoption to go through, the father has to agree or not paid support for a year or not had contact with the child for a year, unless it's through no fault of his own.
Answered on Sep 18th, 2012 at 2:37 PM
Dennis P. Mikko
You will not be able to terminate his parental rights. You would have to notify him of your intent to change your child's name. A name change is done through the court and there is a filing fee to file the petition. In addition, you would have publish your intent to change name so there would be a fee for the publication.
Answered on Sep 17th, 2012 at 11:32 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
You need to get a court order to change the name. The father's consent will be required unless there are unusual circumstances. You need to consult an attorney about how to proceed to obtain a court order.
Answered on Sep 17th, 2012 at 11:31 PM
Leonard A. Kaanta
You must file a motion to terminate parental rights.
Answered on Sep 17th, 2012 at 11:06 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
You would have to initiate a termination of parental rights, but will probably not prevail. The fee for filing a change of name petition is $400, but the other parent has to consent.
Answered on Sep 13th, 2012 at 11:39 AM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
In Washington you can't terminate the Father's rights unless you find someone to adopt the child.
Answered on Sep 13th, 2012 at 11:39 AM
You will need to hire counsel to file for an adoption. During the adoption process the biological father's rights will be terminated and the new father's name will be given to the child. In Alabama, an adoption can be granted with six months no contact or support from the biological father. Other than that, changing a name without adoption to say your last name will have to be done in probate
Answered on Sep 13th, 2012 at 11:39 AM
Steven D. Dunnings
Under the circumstances you stated, you cannot terminate parental rights.
Answered on Sep 13th, 2012 at 11:35 AM
You cannot terminate the father's rights. If you are remarried, and dad has been out of the picture for at least a year and not paid support for at least a year, then your husband can try to do a step-parent adoption, which would terminate the father's rights. The only other option is for you to modify custody and parenting time. Ask the court for sole physical and legal custody and for Father's parenting time to be suspended until further order of the court. His incarceration may be enough for the court to do that, but you may want to consult with local counsel so you can get a feel for what your judge would most likely do in your situation. You'll have to serve dad in prison and he may make arrangements to appear in court. As for the name change, you'll have to file a petition for name change under a new cause number, with a new filing fee. You'll have to serve dad with notice of the name change and hearing. I suggest you hire a lawyer to do this, because the service requirements are very specific.
Answered on Sep 13th, 2012 at 11:34 AM