Q: My sons biological dad hasn’t seen or talked to my son for over two years. Can I change my sons last name?
Do I have to have the dads signature for a name change? Also, since he hasn’t been around and my fiancé has been taking care of him for 2 years, can he adopt him?
A: You can petition the probate court in your county to change the child’s name. You do not need the biological dads signature to do this but you do have to give the biological dad Notice of the hearing. You and your fiance’ Can also file a petition for adoption in the circuit/family court in the county where you live. Again, the biological dads signature is not necessarily needed but he has to be served with a copy of the petition for adoption.
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