Q: My wife and I are from NC. She is the bio parent of our son, bio fathers rights were terminated. can we apply in va?
My wife does not pay any bills and has not gotten a new license. Therefore has no proof of residence tho we’ve been here for over a year(just never got around to dmv). So would we be able to apply for a name change for our son who is 3? Or would we need to do it in NC?
A:
Va. Code § 8.01-217. How name of person may be changed.
A. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such person may apply to any circuit court which shall consider such application if it finds that good cause exists therefor under the circumstances alleged. . . . In case of a minor who has both parents living, the parent who does not join in the application shall be served with reasonable notice of the application pursuant to § 8.01-296 and, should such parent object to the change of name, a hearing shall be held to determine whether the change of name is in the best interest of the minor. It shall not be necessary to effect service upon any parent who files an answer to the application. If, after application is made on behalf of a minor and an ex parte hearing is held thereon, the court finds by clear and convincing evidence that such notice would present a serious threat to the health and safety of the applicant, the court may waive such notice.
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