Legal Question in Family Law in Alabama

parental rights revoked /get name changed/adoption by step parent

My daughter was born in CO but she and myself now reside in AL. Her birth father has never had anything to do with her for the last 6+ years. We were married when she was born and I do have full legal custody of her as well as a CS order (that he has never paid a dime on). I remarried over 4 yrs ago and my current husband and I want to have her last name changed, seeing as we have 3 other children with our last name she is the odd ball out and it has started affecting her at school and she has been asking us to change her name to ours. She has never had her birth fathers last name only my maiden name, but he is on her birth certificate. I had at one time found him and asked him to sign a consent but since then have been unable to get in contact with him...that was about 1 1/2 years ago. I am confused about what to do now and what laws apply to my situation. Colorado laws or Alabama laws since he still lives in Colorado? (at least he did when I last found him.)


Asked on 1/13/09, 3:02 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

Re: parental rights revoked /get name changed/adoption by step parent

Alabama laws would apply if you have lived in the State and established a residence with the child for six months or more. An adoption is the only means of changing the childs last name. It would require an attorney and the terminating of parental rights of the legal father by the means of an order of the probate court. For this to be done, there are a lot of hoops to go thru and that is why you need a lawyer. Please contact a lawyer or if you wish to talk with me, visit my web page and contact me personally.

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Answered on 1/14/09, 5:14 pm


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