Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question.
There are two ways to accomplish a name change: either through adoption or a name change petition. In either case, the biological father must be notified. The court can order that notice be given through publication if the father's whereabouts are unknown. A notice is put in the local newspaper where the father was last residing. Once notice is accomplished, the court can grant the name change or adoption, as the case may be, without the father's presence in the court action.
I hope this information is helpful. Please let me know if you have any follow up questions.
Yes, a petitioner can technically file these proceedings herself. However, it is always recommended to have an attorney. Of course, the name change petition would be a bit easier than adoption proceedings, which would first require the termination of the father's rights.
Or you experienced in family law? Is a name change petition a simple form which can be found online? I believe it would be easier to file a name change petition. If his father is deceased, his rights are automatically terminated. If the name change petition is granted, wouldn't it make the adoption proceedings easier? Would the name change petition uncover whether his father is dead or alive?
Or you experienced in family law?
Yes I am experienced in family law, although I don't practice in your state.
Is a name change petition a simple form which can be found online?
No, it is not a simple form. A petition must be filed in court when the other parent is not available to consent.
If the name change petition is granted, wouldn't it make the adoption proceedings easier?
No. One has no bearing on the other.
Would the name change petition uncover whether his father is dead or alive?
Not necessarily. You may find in your search to have him served that he is deceased. If not, service by publication can be made on him without ever determining whether he is alive.
Unfortunately, neither the court clerk or I can give you legal advise. However, the clerk can tell you what paperwork needs to be filed.
Here is one resource for guidance:
I'm sorry you feel that way. Experts on this site are not allowed per site rules to direct customers on a specific path, although I did take the time to inform you on the law.
Please review the terms of service again, which state "You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains."
Best of luck to you.