Legal Question in Family Law in Illinois
I am the mother of a 4 year old child who was born in the Philippines. Her father is on the birth certificate but has never been a part of her life. We were never married. I now live in the United States with my daughter (her biological father signed the consent papers) and am married to a US citizen. We live in Illinois. I would like to change my daughters name to my married last name. I know I need to file papers with the circuit clerk and pay the fees in my County. After I file these fees I will send the papers to the father in the Philippines (to his last know address) with the assumption that he will not sign the papers nor resist the name change. If I can prove that I have tried to contact the father and he has not replied to several attampts, plus provide proof that I sent the papers to his last known address in the Philippines will this be all I have to do to satisfy the judge/courts?
1 Answer from Attorneys
As your husband posted the same question yesterday, there is a question of your right to change the name to someone who is not her father. As I said earlier, why not try to adopt the child if the father has been so disinterested.