Legal Question in Family Law in Illinois

First question is where is the child's mother and what does she want. Second, is he paying child support and if not, why not? What efforts are being made to collect support? Third, is there a custody and visitation order in place? Final question is What purpose would be served by terminating his rights and Is there someone else willing to step-up and be an adoptive parent?

You can't just terminate someone parental rights because you don't like them or they haven't exercised visitation with the child. Without knowing your jurisdiction, I can't begin to advise you on what the law might be in your State or locality.

Regardless of all else, the father would have to be notified of any changes in the child's name or any efforts to terminate his rights. Failure to do that would result in a void decision and could impact on Mother's right to custody.

I agree with the previous attorney and would add--are you looking to only change her last name or do you want to try to terminate the father's parental rights? To change her name only, is a name change, which does not require as much work as an adoption. Since I do not know where in Illinois you are located, it is hard to say much more. I can be reached at 312-372-5600 if you have any other questions.