I have full custody. Biological father pays no support, no contact since he was 3 months old. Child is now 5 years old. Want to change my child's last name to mine. Biological father changed his name to HIS mother's maiden name when he was 19. So my child has his grandmother's maiden name.
It sounds like it should be easy enough to change your child's name, but since the father's parental rights have not been terminated, he still has the right to object to the name change. If you can get his consent, then it will be a simple matter, but otherwise it will require a court hearing to prove that it is in the child's best interest.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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