Legal Question in Family Law in Virginia
child's name change
My daughter's child will soon be 4 and starting school. She and her husband, who is not the child's biological father would like to change his name. The biological father has had little to do with the child and rarely pays child support. The husband is likely to be the only father this child ever knows. Do we have to consult with the bio-dad to change the name?
1 Answer from Attorneys
Re: child's name change
The legal paperwork for a name change for a minor child must be filed with your local circuit court and the biological father must be given notice of the proposed name change and an opportunity to oppose it if he so chooses. Therefore, you must have an address for him where he can be served notice of your petition to change the child's name.
If the court, after hearing evidence and argument regarding the matter, determines that such a name change would be in the subject child's best interests, it will subsequently issue an order to that effect.
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