Changes Childs Name in North Carolina

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

I am asking for my husband, he has sole custody of his 9 year old son. He has lived with us for 5 years and paperwork got finalized 3 years ago. The mother cannot have have any physical contact with the child and has not seen him in 3 years and has not called him in months. My husbands son has his mother's maiden name, my husband's name is on the birth certificate the mother has since been married so my step-son's last name has no meaning. I was online and read this (with the consent of the a parent who has custody of the minor and has supported the minor, without the necessity of obtaining the consent of the other parent, when the clerk of court is satisfied that the other parent has abandoned the minor). How can my husband go about changing his son's name this way. We don't even know how to get up with his mom to get consent anyway we have no phone number or address.

Dad should simply file in court to get kiddo's name changed. You read correctly, per North Carolina General Statutes 101-2.

There shouldn't be any major issue since it is likely that the change would be seen as being in the son's best interest, specially given that Mom has pretty much abandoned him.

Out of interest, why isn't Mom allowed physical contact?

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Quoting Dogmatique

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Dad should simply file in court to get kiddo's name changed. You read correctly, per North Carolina General Statutes 101-2.

There shouldn't be any major issue since it is likely that the change would be seen as being in the son's best interest, specially given that Mom has pretty much abandoned him.

Out of interest, why isn't Mom allowed physical contact?

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Well while going through court to get custody of my step-son his mom in turn lost custody of her other two children as well. How it all came about DSS took all children away, we got custody of my husband's son and the other dad got custody of the other two children. The mother did not so up to our court date and the judge left it as no physical contact until the mother appears before the court and explains DSS involvement and losing her other children.

What would be out first step in getting his name changed? My husband got some papers from clerk of court and those papers say we have to have mother's consent, what would be the first step in doing it, like I said we have no way of even getting in contact with the mother?