Legal Question in Family Law in West Virginia
Changing A Child's Surname
My niece had a baby out of wedlock and gave it the father's surname. The father has not seen the child since the child was one year old -- a period of three years. He has never paid any child support nor has taken the slightest interest in the child. My niece now wishes to change the child's surname to hers. She has been its custodial parent and sole means of support. When she agreed to give the child its father's surname, it was strictly an informal, verbal agreement.
My question is: Does my niece have to get the child's father's consent to change its surname? Or can she do it entirely on her own without having to tell the father?
2 Answers from Attorneys
changing child's surname
Although I am not a West Va attorney, most states require a person wishing to change a name to advertise the request in a general circulation newspaper for a certain period of time prior to the court consideration of the request. The person files a court petition and follows the court rules. A court clerk in your county can probably help you go through the steps. Assuming the real father doesn't try to stop this, it should be through without a problem.
Common law right to change name
At common law, a parent can change their child's name merely by calling the child bythe new name on a consistent basis. This is the same way that a woman who getsmarried changes her name without a court order. Just change the child's name, notifyall doctors, schools, and other people of the change of name. Unless your state has alaw that prohibits common law name change, you should be able to change the nameat will.
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