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My wife kept her maiden name(credit reasons) after we got married and my stepaughter has the same name. At no point did she carry the biological father's last name. We are planning a stepparent adoption but for school purposes we want to get this done quickly. If my wife changes her name to mine would it be easier to change my stepdaughter's? Or can we just apply for the legal name change for her without my wife changing her name?
If you're already going through the step-parent adoption process, the easiest way would normally be to effect the name change as part of that process.
We haven't started the adoption yet. So is it viable for my wife to just change her name first and then her daughter's along with it?
If the father still has custody rights, he would have to consent to the name change or the mother would have to convince a court that the name change is in the child's best interest.
Even though she never had his name? He hasn't been located in six years. Can we attempt to locate him through an ad in the paper of his last know whereabouts as in the adoption process? If so if he doesn't respond can we go ahead with the name change?
You would effect service in a manner consistent with the rules of civil procedure in your state. You would follow the laws of your state in relation to the name change. You chose not to identify your state.
My state is New Mexico. The biological last lived in Texas.
So the divorce and custody litigation occurred where?
They were never married.
I'm really not interested in playing 20 questions to eke out information here. You need to take the initiative to provide the information necessary to get an answer to your questions.
The father is on the birth certificate? He has parental rights? He's paying child support? There is a custody order? From what state? What other information do we need?