Legal Question in Family Law in Washington

Name Change of Child

Asking question for daughter.

Unmarried teenage mother. On the night her first son was born, the biological father was given a temporary pass out of prison to be there for the birth. At the last moment daughter agreed with father to use father's last name on birth certificate. She's regretted it ever since.

Father has had no contact the last five years, is now in prison in Washington, and should be released in two years. She plans to get a restraining order to keep him away - he is violent and dangerous.

Mother has been using her last name for son since then, but father's last name is on birth certificate and social security number.

Before father gets out of prison, mother wants to legally give son her last name (he will be 8 on 9-4-02).

Can she do this without biological father signing and giving his approval/permission?

If so, what must she do, where must she go, to make this happen?

Son has no recollection of birth name or that he has a father in prison.

Mother is low-income, so any procedure will have to be subsidized by me.

Also, where does she go to get restraining order, and does she have to wait until father is released from prison?

Thanks.


Asked on 8/20/02, 1:27 pm

1 Answer from Attorneys
Lori Wheat Lori L. Wheat, Attorney at Law

Re: Name Change of Child

To change your legal name or the name of your child or ward, you may petition the district court in the county where you reside.

It is within the court's discretion as to whether the name change will be ordered. The other parent's consent is not required.

Some examples of 'good' reasons for a name change that fit your situation for the change of name of a minor child include: "conforming to the name the person has customarily used; changing the name of a minor to conform to that of a parent; legally establishing the name that already appears in various official records."

To petition the court for a restraining order, your daughter should not wait until the father has been released from prison. She may petition the court for an Order of Protection in the case of domestic violence. There are no court fees. Forms and instructional brochures may be obtained free of charge from your local courthouse.

I wish the best of luck to you. Please do not hesitate to contact me if you need assistance. My law firm focuses on family law and offers affordable legal services.

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Answered on 8/22/02, 3:11 pm


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