Legal Question in Family Law in West Virginia
Name Change for Minor Child
My son's fiancee has a 2 year old daughter from a previous boyfriend. They were never married. The child has the mother's last name and the father is not listed on the birth certificate. He has never seen the child, does not pay child support and currently has his license suspended for failure to pay. My son wants to adopt the little girl after they are married, but the biological father refuses to sign as a vendetta against the mother only. He has never had, nor has any of his family had, any contact whatsoever with the child. They have even assaulted the mother with criminal charges brought against them and a successful conviction. If he refuses adoption, can she still get a legal name change for the child since she does not have his last name anyway? My son and her mother are expecting a child of their own and want the entire family to at least have the same last name. Can the child's last name be changed from the mother's maiden name to my son's name without involving the biological father and his so-called ''rights''? Thank you.
1 Answer from Attorneys
Re: Name Change for Minor Child
I am only in Montana, so what I say here pertains only to Montana:
Your son and his girlfriend should consult with an attorney who has experience with step-parent adoptions. In my state, the court can terminate the objecting biological parent's rights based on certain statutory requirements. They might differ in your son's state, so I won't list them here. In my state, the petition to adopt can request that the adopted child's name be changed and, when we enter the decree with the clerk of court, we also deliver a form that the clerk files with the state to issue a new birth certificate with the child's new last name.
This is not a do-it-yourself matter, so please tell your son to see an attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
