I want my kids to have my husband's last name. They currently have my maiden last name.
Their biological father is barely in the picture. He makes no effort to see the kids. His family does, but only a few times a year. He and I were never married.
Do I need the biological father to sign something in order to have the kids' last names changed to my husband's? Also how can I have adoption papers written up? (I'd really like my husband and I to have full rights if possible.) What kind of attorney would I need for either of these things?
Thanks in advance!
2007-01-03 08:30:50 · 6 answers · asked by Anonymous in Family & Relationships ➔ Family
It varies state by state. I know in Indiana you have to have the father's consent for both and with the name change it has to be published in the local paper so if anyone wants to object to it - they can. But like I said that's in Indiana. As for the lawyer - it should be someone who deals with family law. Good luck! I am getting ready to do the same for my kids!!
2007-01-03 19:09:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Go to www.lawhelp.org, which has free, good-quality know-your-rights info on a whole bunch of subjects (including family law). It will have a link to your state, then click on the link for "Family Law" and it should have info that will help you.
If you're looking for a lawyer, your county bar association will have a lawyer referral service. (Google the name of your county and "Bar Association.") The way a lawyer referral service works is: You call them, explain the type of issue you're needing advice on; they refer you to a participating lawyer with experience in that area; the lawyer will do a consultation with you (generally 30 minutes) for a fee that's set by the bar referral service (it's typically about $35). This is basically a sort of "know your rights" or "here are your options" type of consultation. If you decide to hire a lawyer to represent you on an ongoing basis, you and the lawyer would discuss, before you signed the papers to authorize the representation, what the fees would be.
You should find a lawyer who handles family law matters. There is no way you can just "go to a paralegal" as Trollwizard suggests. The paralegal would be practicing law without a license which is illegal in virtually all states -- it's like practicing medicine without a license, it's harmful to the public. Even though California seems to allow some of that it's still harmful to the public in California, too.
2007-01-03 16:42:10 · answer #2 · answered by kbc10 4 · 0⤊ 0⤋
Getting the last name changed is rather simple. It involves money and town hall. The biological father will have to sign only if he has any custody over the kids. If you have sole custody then you just go down to town hall. If the father had partial custody and wont sign then you have to get an attorney to prove that he is not in the childrens lives.
As far as the adoption I could not tell you
2007-01-03 16:38:58 · answer #3 · answered by mama going crazy 1 · 0⤊ 0⤋
You could go with the adoption, and yes get an attorney. Look under Family Law in your yellow pages or check around for referals. I don't know where you live but in Cal. the adoption costs approx. $5 to $10K.
You could also just go to a paralegal and he can draw up the papers for just a name change. You would have to make a good faith effort to find bio father in either case. Then afterwards you would have to post ad in paper once a week for 4 weeks. Then you will have a court date. If bio father does not respond or shows up for court then no problem. Just the name change can cost approx. $400 to $800 depending on paralegal and court costs.
2007-01-03 16:38:59 · answer #4 · answered by trollwzrd 3 · 0⤊ 1⤋
First of all is his name on their birth certificates? If not, simple...get an adoption attorney and get it done. If he fights it, or his family does then they will do a paternity test on him and you can sue for child support...etc. If he doesn't want to fight it and he is on the birth certificate, then he will need to relinquish his parental rights, then and only then can your children be available for adoption!
2007-01-03 16:48:10 · answer #5 · answered by Mom to Foster Children 6 · 0⤊ 0⤋
you will have to get his permission and he has to relinquish his rights.sometimes they act ugly about that because even though he doesnt do much for them they are apart of him so go easy and cautious when you ask of him and if he is a total -ss then forge his signature if he doesnt pay that much attention then he'll never know
2007-01-04 13:58:47 · answer #6 · answered by lisa 2 · 0⤊ 0⤋