Legal Question in Family Law in Washington
Minor child's name change
My wife and I started date when she was 3 months pregnant. She is almost five now and we want to change her last name to mine, she has my wife's maiden name. The biological father didn't and doesn't not want to have anything to do with her, he doens't pay child support and isn't on the birth certificate. I also am not on her birth certificate. What i'm wondering is how do we go about getter her last name changed and do we even need his consent since he barely know she exists and doesn't even really know that she's a girl. Any help that you can give me is greatly appreciated. Thanks
1 Answer from Attorneys
Re: Minor child's name change
Contact the Family Support Division of the Prosecuting Attorney's office in your county for assistance with this.
The prosecutor will establish paternity for the ex. There will be an obligation to pay back support. Back support is an obligation owing to the custodial parent, not the child. The entire five years is recoverable. It'll be a tidy sum.
Then your wife can offer to waive the BACK support if the father will agree to allow you to adopt her child.
Yes, you need his consent. He's the dad. But by approaching it this way, you can encourage him economically to do the right thing and allow you to adopt. When you adopt there is a new birth certificate and you can deal with her name at that point.
Hope this helps. Elizabeth Powell
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