Legal Question in Family Law in Virginia

Re: Changing my sons last name

Va. Code Section 8.01-217 requires that the parent

of the minor child who does not join in the petition to have the child's name changed must be

given reasonable notice of the petition for the change, and,if objected to by this parent, a hearing is to be held to determine whether the

proposed change would be in the child's best interest.

However, if the court makes a finding by clear and convincing evidence in an exparte hearing (in judge's chambers)that such notice would threaten the health and/or safety of the applicant, the re-

quirement for reasonable notice to the other parent will be waived.