name change for minor

[maddysmom626]

What is the name of your state (only U.S. law)? MS

My daughter will be 13 next month and would like to legally change her last name to that of me and my husband. She has her biological father's last name.

She has not had any contact with him in roughly 3 years and we have no idea where he is. He is a drug addict who was basically homeless last I knew, sleeping on people's couches and such. On paper he has joint legal custody. We got divorced in 2002 due to his new drug problem. At first he was involved with our daughter but as his addiction got worse his involvement gradually decreased to the point that he does not call or try to see her anymore. Several year ago I heard through the grapevine that he had left the state and moved out west somewhere. Not sure even what state though.

Would it be possible to go through with a legal name change without her biological father's permission since I can't ask him?

 

[Ohiogal]

What is the name of your state (only U.S. law)? MS

My daughter will be 13 next month and would like to legally change her last name to that of me and my husband. She has her biological father's last name.

She has not had any contact with him in roughly 3 years and we have no idea where he is. He is a drug addict who was basically homeless last I knew, sleeping on people's couches and such. On paper he has joint legal custody. We got divorced in 2002 due to his new drug problem. At first he was involved with our daughter but as his addiction got worse his involvement gradually decreased to the point that he does not call or try to see her anymore. Several year ago I heard through the grapevine that he had left the state and moved out west somewhere. Not sure even what state though.

Would it be possible to go through with a legal name change without her biological father's permission since I can't ask him?

Dad would need to be served. Or your daughter can wait until she is 18 and change her name then without her father's permission.

 

[Proserpina]

What is the name of your state (only U.S. law)? MS

My daughter will be 13 next month and would like to legally change her last name to that of me and my husband. She has her biological father's last name.

She has not had any contact with him in roughly 3 years and we have no idea where he is. He is a drug addict who was basically homeless last I knew, sleeping on people's couches and such. On paper he has joint legal custody. We got divorced in 2002 due to his new drug problem. At first he was involved with our daughter but as his addiction got worse his involvement gradually decreased to the point that he does not call or try to see her anymore. Several year ago I heard through the grapevine that he had left the state and moved out west somewhere. Not sure even what state though.

Would it be possible to go through with a legal name change without her biological father's permission since I can't ask him?

Can't predict whether it will be "yes" or "no", but you won't know until you file. Dad will need to be at least notified, and to make sure service is perfected it might be a good idea to see a local attorney before you do anything.

 

[maddysmom626]

I'm sorry but I don't see a quote button on the mobile version of this site. Thank you both for your answers.

Ohiogal, how can I serve someone when I have no clue where they are? I don't even know what state he's in. He has an extremely common first and last name (think John Smith....that's not it but it is that common) so searching for him is fruitless.

I wish I could afford an attorney but it isn't feasible at this time. A friend told me I could publish it in the newspaper. Is that an option anyone here knows anything about?

 

[Ohiogal]

I'm sorry but I don't see a quote button on the mobile version of this site. Thank you both for your answers.

Ohiogal, how can I serve someone when I have no clue where they are? I don't even know what state he's in. He has an extremely common first and last name (think John Smith....that's not it but it is that common) so searching for him is fruitless.

I wish I could afford an attorney but it isn't feasible at this time. A friend told me I could publish it in the newspaper. Is that an option anyone here knows anything about?

You would have to make attempts to track him down. Publishing it in the newspaper requires that diligent effort be made and attempts to serve be made prior to service by publication. So get started -- look on the internet (facebook, twitter, prison system, Social Security death registry) and various other places including if you know the name and/or contact information of his relatives or friends. You need to try. You don't get to just say you don't know and then publish .

Oh and if you cannot afford an attorney, you need to read the rules of civil procedure, the local rules, and the statutes regarding name changes. You can't just fumble your way through this. You need to educate yourself.