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I have permanent sole physical and legal custody of my 3 year old child. How can I change his name without bio dad's consent?

Greensboro, NC |

I have permanent sole legal and physical custody of my child. His biological father does not even have visitation rights but still has parental rights. It will be a few years until I have enough to petition the courts for the termination of his parental rights. I also have a protective order against the biological dad. I am certain he will not consent to a name change. What are my options as far as changing my child's first/last name without having the biological father's consent? Is there a way to bypass getting the biological fathers consent since I have sole custody and the father does not even have visitation privileges? He has not seen the child or played an active role in the child's life for almost 3 years. If you could source any statutes, then that would be helpful. Thanks!!!

Attorney Answers 2

  1. Best answer

    A new law in October, 2013, allowed for some grounds for name change without the consent of the other parent. (N.C. Gen. Stat. 101, et. seq.) These include if the parent has abandoned the child or the other parent was convicted of child abuse or a sexual offense involving the child. I suggest you speak with an attorney to see if the facts of your case would allow for this name change.

  2. None. In the usual case of affairs you will need father's consent. If you Terminate his Parental Rights, you will not need his consent. Contact a local family al law attorney via AVVO to learn more about TPR; the statute does not require a few years worth of evidence on a TPR

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