changing child's last name

[kate'smom]

What is the name of your state? TN

I will be getting married in a few months and would like to change my 2 year old daughters last name. She currently has my last name. Her biological father lives in VT, where she was born, and has had no contact or attempt to contact for several months. His name is on the birth certificate, unfortunately. Will I have to have his consent to change her last name? Also, Is there a certain amount of time with no contact after which she could be adopted without his consent? We have never been to court, so there are no court orders of any kind. Thank you for your time!

[tigger22472]

Originally Posted by kate'smom

What is the name of your state? TN

I will be getting married in a few months and would like to change my 2 year old daughters last name. She currently has my last name. Her biological father lives in VT, where she was born, and has had no contact or attempt to contact for several months. His name is on the birth certificate, unfortunately. Will I have to have his consent to change her last name? Also, Is there a certain amount of time with no contact after which she could be adopted without his consent? We have never been to court, so there are no court orders of any kind. Thank you for your time!

If paternity has not been established that would have to be done first but yes either way his consent would be needed for the name change and at the very least notification about adoption, giving him the right to contest. All of these things are solely up to the judge involved.