Dayton, OH asked in Family Law for Maryland

Q: Hello! What is the process for a legal last name change for a minor child? I live in Prince George County.

My children and I lived in MD for over 3yrs now and I would like their last name to be changed to my married last name. They were born in Michigan and was given a different last name. I don’t know where their bio-dad is. Last I knew he was in Cali. The kids (ages 10 and 9) feel divided and not part of the family because they have a different last name than my husband, their younger sibling and I. Since the kids were born in Michigan how would MD be able to grant a name change, if kids birth record are from Michigan?How can I locate an absent father that’s been gone since 2010 to agree to this? Father isn’t listed on kids birth certificate. My husband have been here since kids were 2 and 3. There is a child support order that was filed in Michigan years ago but he have never paid anything. Would MD courts contact MI courts? How does this works? Thanks in advance!

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1 Lawyer Answer

A: Maryland has the right to grant the name change as the children live here now and are residents. However, the court requires you to make extraordinary efforts to locate the father to try to obtain his consent. This is because it's not custody but a termination of his rights. It can be done, it just takes time.

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