Changing Minor's Last Name

[aemoody]

South Carolina.

My 4 year old child's biological father has not been in contact in over 2.5 years. She was born out of wedlock and we split up when she was 1.5 years old. I had tried in the past to get in contact with him, but he never returned any calls or emails, and stated he wanted nothing to do with my daughter. I recently found out he was arrested for criminal domestic violence of a high and aggravated nature 2 weeks ago (it was in the paper). I want to change her last name to mine and my husband would like to adopt her, but I'm not sure how to start this process.

 

[Ohiogal]

South Carolina.

My 4 year old child's biological father has not been in contact in over 2.5 years. She was born out of wedlock and we split up when she was 1.5 years old. I had tried in the past to get in contact with him, but he never returned any calls or emails, and stated he wanted nothing to do with my daughter. I recently found out he was arrested for criminal domestic violence of a high and aggravated nature 2 weeks ago (it was in the paper). I want to change her last name to mine and my husband would like to adopt her, but I'm not sure how to start this process.

Has paternity been established? Are there any court orders?
To start the process, contact an attorney.

 

[aemoody]

He signed her birth certificate a few weeks after she was born. We relocated from CT to SC and split up shortly afterward. Originally we had tried to do visitation cordially, out of court, and I never asked for child support from him. When I did ask to have a notarized written visitation schedule done, he told me he wanted nothing to do with either of us and he was cutting his losses. I am in the process of finding an attorney.

 

[Ohiogal]

He signed her birth certificate a few weeks after she was born. We relocated from CT to SC and split up shortly afterward. Originally we had tried to do visitation cordially, out of court, and I never asked for child support from him. When I did ask to have a notarized written visitation schedule done, he told me he wanted nothing to do with either of us and he was cutting his losses. I am in the process of finding an attorney.

A) He did not sign her birth certificate a few weeks after she was born. He didn't sign the birth certificate at all.
B) A notarized agreement means nothing.
C) Without court orders, he didn't have to pay anything in child support.
D) You may need his permission to have your husband adopt the child.
E) Adoption is NOT a do-it-yourself item.
F) Are you going to be okay with your husband receiving custody of your daughter should you ever divorce?

 

[ecmst12]

Don't change the child's name to your husband's without an adoption, that just creates a mess. For a step parent adoption, you need a lawyer. Name change can be part of the process at the end, if you are successful. You will need to serve her father and he will have the opportunity to object.

 

[Silverplum]

A starting point for you: http://www.scstatehouse.gov/code/t63c009.php

STEPPARENT, RELATIVE, AND ADULT ADOPTIONS

SECTION 63-9-1110. Adoption by stepparent or relative.

Any person may adopt his spouse's child, and any person may adopt a child to whom he is related by blood or marriage. In the adoption of these children:

(1) no investigation or report required under the provisions of Section 63-9-520 is required unless otherwise directed by the court;

(2) no accounting by the petitioner of all disbursements required under the provisions of Section 63-9-740 is required unless the accounting is ordered by the court;

(3) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-750, that the final hearing must not be held before ninety days after the filing of the adoption petition;

(4) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-320(A)(2), of the appointment of independent counsel for an indigent parent; and

(5) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-60(A)(2), that the adoption proceeding must be finalized in this State.

HISTORY: 2008 Act No. 361, Section 2; 2010 Act No. 160, Section 10, eff May 12, 2010.


You will need an attorney.