Q: How do you change a minors last name
My 10 year old daughter wants to change her last name to her stepfather's. Her biological father has not been in her life since she was 8 months old. We have a child support order against him but he hasnt paid in 7 years. What can I do?
A:
The fact that her father hasn't had any contact with her since she was 8 months old, DUE TO A NO CONTACT ORDER, against the father, is problematic. The fact that he hasn't paid CS in 7 years is irrelevant to your question. Idaho has a statute regarding name change. It is found in Title 7, Chapter Eight:
7-802. PETITION FOR CHANGE. (1) All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person, if the person is an adult or an emancipated minor; and if such person is under the age of eighteen (18) years and is not an emancipated minor, by one (1) of the parents or by a guardian. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and reason for such change of name.
(2) If the person whose name is proposed to be changed is under eighteen (18) years of age and is not an emancipated minor, the petition must also include the following:
(a) If the petition is signed by only one (1) parent, the petition must specify the name and the address, if known, of the other parent, if living.
(b) If the petition is signed by a guardian of the person, the petition must specify:
(i) The name and address, if known, of the parent or parents of the person, if living; or
(ii) If both parents are deceased or their addresses are unknown, the names and addresses of the grandparents of the person, if living.
If the father feels like his access to his daughter has been thwarted, he will respond to a Petition for Name Change, and you will have a fight on your hands. If he does not respond, you won't have any difficulty changing her name to her step-father's. Good luck to you!
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