Legal Question in Family Law in Indiana
Changing childs last name
I have a four year old son whos biological father has never seen or acknowledged his exsistance. I got married last year and would like to change my sons last name to my husbands name. My question is do I have to get my ex's consent to do this if there is no father listed on the birth certificate? Also, if there ever comes a time when the biological father wants to see him, does he have any rights if he has never paid any child support or even seen him?
1 Answer from Attorneys
Re: Changing childs last name
Sounds like you need to get father to consent to an adoption of the child. If he doesn't, you can petition the court for termination of his parental rights, which would then free up your son for adoption by your new husband.
The fact that he doesn't see the child and hasn't paid support will make it a fairly easy, though time-consuming task.
Hope this answers your questions.
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