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  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Default How to Change a Stepchild's Name

    My question involves name change laws in the State of: NC .

    biological mother is deceased.

    I have had legal guardianship for the past 4 years.

    biological father is unable to be located and has not seen my daughter for over a decade.

    how do I proceed ? All I know of the biological father is what county or town he MIGHT be residing in, I do have his parents names and address though also.

  2. #2
    Join Date
    Jan 2006
    Posts
    20,652

    Default Re: How to Change a Stepchild's Name

    Quote Quoting glen245nc
    View Post
    My question involves name change laws in the State of: NC .

    biological mother is deceased.

    I have had legal guardianship for the past 4 years.

    biological father is unable to be located and has not seen my daughter for over a decade.

    how do I proceed ? All I know of the biological father is what county or town he MIGHT be residing in, I do have his parents names and address though also.
    You are a guardian, not a parent therefor, this is not your daughter. I see no reason you should even consider changing the child's name and likely will not be allowed to. Does the father even know the mother is deceased? You do realize that the father has default custody of his own child when the other parent is deceased, right?

    What needs to happen is the father located and told his daughter's other parent is deceased and as such, has every right to have custody of his daughter.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Sep 2010
    Posts
    6,626

    Default Re: How to Change a Stepchild's Name

    If you can't find and get consent of the living parent(s) from the birth certificate, you could still do it in North Carolina but it's really going to take a lawyer. There are additional hoops. You need to show that you have guardianship to cover them to the age of majority and that you must present evidence that the child is not likely to restored to the custody of the parent(s). You must publish the action. You must show that the minor is not subject to any current aspects of the juvenile justice system. You'll have to address any objections that anybody else raises (other relatives). You must show the change is in the best interest of the child.

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