I want my.children to have my current husbands last name. By choice their biological father does not see them or pay any child support. I live in Washington state. My children are ages 12 and 17. Please help me find the answer.

The answer is to go to court and petition the court for a name change. The bio father will need to be contacted and he can protest the change. The court will decide whether to grant it or not.

Why doesn't your husband adopt them. I would suspect that a court would be more likely to grant an adoption rather than just a name change.

Also, the ex has no "choice" about paying child support, you file for it, and he is forced to pay it. He does not get to choose to pay it or not.

But yes, bio father will be notified to sign for the name change to take place.

I have a court order for my ex to pay child support. He doesn't pay it because he has no job. He works under the table to avoid it.

Yes it is possible for a father to "choose" not to pay by working off the books or not working at all.

In your case, all the more reason to do an adoption. This will sever his legal relationship so he will no longer be responsible for support.

I am grateful to everyone for the responses. Would the bio father need to consent to my children having my maiden name? I am sure that requesting his parental rights to be terminated is not going to go over well. Due to the bio fathers criminal activity and felony record in our small town. My children want no association with him. I have always been told that there had to be a specific amount of time and non child support payments before I can attempt to have his rights removed so that the kids could be adopted by their step dad. And I've been told that bio father MUST consent or its impossible to do.

The bio father would need to consent to ANY change in the name from what is on the birth certificate.

Again, better off with an adoption. You are unlikely to get his rights terminated except via adoption. And if its presented to him that he will no longer be obligated for support they usually agree.