Changing a Minor's Name, Father Absent and Not on Birth Certificate
My question involves name change laws in the State of: Virginia/Illinois
My daughter will be 4 in December. She was born in Illinois but we recently moved to Virginia, we have yet to change anything to VA & it is not required because we are military and will be moving back to IL when my husband retires in 4years. We married July 2013 and I am planning to change my last name but have not done so yet. I want to change my daughters at the same time but unsure how to do so. Her bio father has never been involved, he knew of the pregnancy but has not been in contact since I was 4 months pregnant. I think I may know where his father lives but I have no idea where he lives, I'm pretty sure he moved during the pregnancy. Since he is not on the birth certificate & abandoned her would I be able to legally change her name without his consent? If so what steps are necessary to do so? I have the paperwork form SS-5 for changing my name, can I use the same for hers? She has only known my husband as her daddy and we do plan on an adoption but I still have some reservations and he is about to deploy so unfortunately we do not have the time required to file for a legal adoption, not until he returns in a year. I would really like to get this done before he deploys it would mean a lot to him and our daughter. Thanks in advance for your help!
Re: Changing a Minor's Name, Father Absent Not on Birth Cert
I think you have some serious misconceptions. While your HUSBAND isn't required to oblige himself to Virginia residency requirements, that DOES NOT apply to you and the kid.
An SS-5 also does not change your name, PERIOD. All it does is let the social security administration know of your otherwise legally changed name. Since you were recently married, you can probably assert his surname via that (you need to tell me WHERE the marriage took place). You can not just automatically change the child's name.
You will need to go to JDR court to get a minor's name changed in Virginia. First, you must have resided here for six months before it will even be considered. Second, if you know who the father is (regardless of whether or not he is listed on the birth certificate), Virginia requires him to be notified. You need to prepare the petition and order of name change which need to be signed in front of a notary. The (biological) father will need to sign the petition as well or you will have to file proof of notice. If you don't know where the father is (or who he is), you'll need to publish a notice in the paper.
All of this is a bit involved for a DIY (though it can be done). Often the local military installations have family legal assistance (or at least can steer you to appropriate counsel) on base.