Q: Id like to change my daughters last name to my married name. Her biological fater hasnt had anything to do with her
He refuses to sign his rights over but has once agreed to it admitting he has never been there for her. My husband is the only man shes ever known and she starts school soon. Can i change her last name to our family name even if her biological father still has some rights ? Again he is a drug addict career criminal and currently sits in jail again. Hes never even sent her so much as a birthday call. Ive done everything i can and i dont want to have to tell her just yet about her real father, since there is nothing good to say please please help me
A: I suggest that you consult with a family law attorney experienced in adoptions. From what you've said here, if your husband is willing to adopt your daughter, you may be able to have the father's parental rights terminated. To just change her name, you''ll need to file a petition, officially notify the father by serving him with the petition and hearing date, possibly advertise the hearing date depending on her age, attend a hearing and then, if the father opposes the name change, you may not succeed. Talk to an attorney first if, as I've indicated, your husband would be willing to adopt her. If the father has been absent from her life for a period of six consecutive months, you may have a very good case.
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