[Helpmeinri]

I live in RI and I have 3 yr. Old twins.The father hasn't seen them since they were 3 months.he hasn't paid no child support.owes over 5,000.child support office can't locate him to bring him to court.he has been very abusive to me.I have a restraining order until 2013.he's been arrested 3 times for domestic abuse on me.I want to change my twins last name to my last name and not the fathers.can I do that w/o his consent since I don't know where he lives and not even child support can find him.And can I file paperwork saying he abandoned them.please help

[JudyKayTee]

This surprised even me because MOST other States require the permission of the person on the birth certificate in order to change the child's name BUT: "The best interests of the child standard also is employed when considering petitions to change the surname of a minor child. Ribeiro v. Monahan, 524 A.2d 586, 587 (R.I. 1987).Factors to consider in this determination include the names of other members of the child’shousehold, the name on the birth certificate, and the length of time the child has used thesurname. Branch v. Quattrocchi, 793 A.2d 203, 205 (R.I. 2002)."

Again - I couldn't be more surprised but obtain the forms from the Court and file the Petition.

[ScottGem]

Abandonment is not the issue here. The court may require that you make a good faith effort to find the father to obtain his permission for the change.

On the other hand, if you can show that you have been pursuing him for support unsuccessfully, that could be waived.

Little would be lost by submitting a petition to the court. Document the attempts to obtain support,