[ncheek]

I am a mother of a 12 year old girl who wants to change her last name. I never married her father and she has my maiden last name but her biological father did sign the birth certificate. I have ben married to a wonderful man for 9 years and have 2 more children with him. All of us have his last name except my oldest. She desperately wants the same last name as the rest of us. Her biological father has never paid child support or excercised any visitation. She doesn't even know him. From what I understand he is in prison for intoxicated manslauter. What are the steps that I need to take to change her name. I don't have the $$ for an attorney but I am willing to do all the leg work myself.

[Synnen]

You may NEED an attorney.

The biological father still has rights, and in some states would need to sign off on a name change.

Same with adoption--the biological father would have to be willing to terminate his parental rights before you husband could adopt.

I would see if you could get a free consulation with a family law attorney in your state.

[Fr_Chuck]

You will really need an attorney most likely, do you want to just change names, or does step dad want to adopt, big difference.

[ncheek]

Adoption would be the way we would want to go with this. I just don't know the steps to any of this. I could do everything myself and find out what paper work I need and could even find out what prison he is at. I just don't know who to ask so that I can find these things out. I suppose I will take the advive on the attorney and just ask my questions and see if they can lead me in the right direction. Thanks so much for your help and if you can think of anything else feel free to let me know.

[Starbucks21]

I think her step father would have to adopt her and there be a legal matter with the birth father still being alive.

All and all the best route is a family attorney

There may be some family advocate charities that will help you on the web