Legal Question in Family Law in Virginia

I want to change my children's names but their biological father is an undocumented immigrant who recently was deported. He hasn't been in their lives since 2007. The children do not want to be associated with him anymore and want their names changed from the biological father's last name to my husband's last name. Will it be a problem not having their biological father's permission if he is no longer in the country?

Asked on 9/27/16, 4:54 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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No, most unlikely, but you may have to seek the permission of

the circuit court in which you've filed your petition for the child's name change

to serve notice upon the biological father by way of publication of

this action in a local newspaper for several consecutive weeks, using

whatever last known address that you may have for him.

(The law refers to this type of notice as "constructive service".)

Answered on 9/29/16, 1:40 pm

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