How do I change a minors last name? 23 Answers as of August 05, 2011My daughter is 15 yrs old and I want to change her last name. There is not a father listed on her birth certificate. My husband is willing to give her his last name, we have been married since 1997. He has been the father figure to her since she has been a baby.
Goolsby Law Office | Richard Goolsby
We are family law attorneys who handle step parent adoptions in the Augusta, Georgia area. We recommend you retain a family law attorney in your area to discuss a step parent adoption, as opposed to a simple name change, but you can discuss all your rights and options, too. Good luck!
Answer Applies to: Georgia
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You would need to file an Action for a Name Change, which requires that you provide notice to each and every interested person, including your daughter's biological father, so that those interested people can attend the hearing and contest the action if they so desire. A better thing to do, if your husband wishes to do it,would befor your husband to adopt your daughter. If your daughter's biological father hasn't communicated with her or provided any support for her for over a year, the biological father's parental rights can be terminated in an adoption by your husband if the biological father refuses to sign a consent to the adoption. The biological father would need to be given notice of the adoption proceedings, and the Social Worker would give the biological father the option of signing or refusing to sign his consent to the adoption.
Answer Applies to: California
Dunnings Law Firm | Steven Dunnings
Does your husband want to adopt your daughter? This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Answer Applies to: Michigan
Donaldson Stewart, PC | Monica H. Donaldson Stewart
The process of the name change involves an application to the court, consent of your daughter and your husband, some type of "notice" (or effort to provide "notice") to the other biological parent, and then a brief hearing to make it all happen. You might also want to consider having your husband adopt your daughter. This would usually include a change of name (and new birth certificate). You might have to take some steps to terminate the legal rights of the biological father (this depends on the circumstances) or obtain his consent if you are able to identify/locate him; however, a stepparent adoption itself is usually pretty straightforward. Either way, I recommend you speak with an attorney to discuss your options and determine your best course of action.
Answer Applies to: Arizona
Law Office Of Jody A. Miller | Jody A. Miller
If the biological father hasn't paid child support or maintained a relationship with the child, you can file a petition to change the child's name. You don't need the bio father's permission, but he will have to be served with the documents. If you don't know where he is living, you can file an affidavit explaining all of the methods by which you attempted to locate the father, and pursue service by publication.
Answer Applies to: Georgia
John E. Kirchner, Attorney at Law | John Kirchner
There are three possibilities in Colorado: through a separate name change procedure in County Court or through an adoption or parental rights case in District Court. The fact that no father is listed on the birth certificate does not eliminate the need to attempt to identify the father and provide him notice of the proceedings, particularly for an adoption. A step parent adoption, if you and your husband want to do something more than simply change your daughter's name, may be the simplest and best way to proceed. You should, however, consult an attorney to discuss all the options in the context of all the relevant information.
Answer Applies to: Colorado
Neville J. Bedford Attorney at Law | Neville J. Bedford
Enlist a Family court attorney to help you file a petition in the Family Court. It is a relatively simple matter. While you are speaking to an attorney, you may want to discuss the possibility of adoption. There are legal implications you should carefully consider.
Answer Applies to: Rhode Island
Horizons Law Group, LLC | Michelle B. Fitzgerald
If there has never been a paternity action with anyone named as her biological father, then you have sole legal custody. With sole custody, you are able to file a name-change petition for that. There are documents to fill out and publishing and a court hearing.
Answer Applies to: Wisconsin
Vincent J. Bernabei LLC | Vincent J. Bernabei
To legally change her name, you must file a name change petition with the court in the county in which she resides. The court will allow you to post notice at the courthouse and if nobody objects within 30 days, the court will enter a judgment changing her name. You will then need to provide a certified copy of that judgment to the Social Security Administration and DMV (if she already has a permit). You should also consider a step-parent adoption so that your daughter will be treated for all legal purposes as your husband's child. For example, if he dies, she will not receive Social security survivor benefits unless she is adopted.
Answer Applies to: Oregon