Q: How can I change my child's last name to mine in Alabama, given the father is not on the birth certificate and his whereabouts are unknown?
I am looking to change my child's last name to mine. The child's father is not listed on the birth certificate, and his whereabouts are unknown. No legal action has been established regarding paternity or custody. How can I proceed with changing my child's last name to mine in Alabama, and what are the specific requirements or forms needed for this process?
A:
To change your child’s last name to yours in Alabama, you will need to file a petition with the court for a name change. Since the father is not listed on the birth certificate and his whereabouts are unknown, this can simplify the process, as you will not need his consent. However, the court may still require proof of the father's absence or inability to be located, which could include a declaration or affidavit that you’ve made efforts to find him.
You will need to complete the necessary paperwork for the name change petition, which can typically be obtained from the probate court in your county. The petition will ask for basic information about your child and the reason for the name change. You may also be required to provide a copy of your child’s birth certificate, along with any additional documents to show the father's lack of involvement.
After filing the petition, the court will review it and may schedule a hearing. If there are no objections and the name change is deemed in your child’s best interest, the court will grant the request. You can contact the local probate court or consult with an attorney to ensure you follow the correct procedures.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.