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  1. #1

    Default Changing My Child's Name in Another State

    My question involves name change laws in the State of: Virginia; Maine

    I reside in Virginia with my husband. My ex husband (and father of my children) resides in Maine. He has not seen them in almost two years by his own choice; I have full custody and he was granted visitation, though he chose to not take it. My family moved to Virginia (husband's home state) in April. Both my sons want to change their last name to mine and my husband's. I cannot afford a lawyer; though I am very well-spoken and can handle court, I don't know all the laws and procedures. Will Virginia court have jurisdiction over this where my ex lives in Maine? I know I can petition a name change at the court, but will I have to notify my ex? He doesn't care but his family does, so I know he wouldn't just sign the papers and agree. Thanks for any help.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Changing My Child's Name in Another State

    If you legally reside in Virginia, you apply in Virginia. You must have resided here six months before starting the process. Virginia requires both parents to either apply together, or the parent who applies to serve notice on the other. You petition the court and prove the name change is in the best interest of the child. The other parent is free to argue the contrary.

    If both parents were willing to join in the application, it's as straight forward as using one of the form applications available, sign it in front of a notary, and file it with the clerk of the court and wait a few weeks for a decision. Absent both parents applying, you'll need to service notice and most likely have a hearing on the matter. A lawyer would be a good idea (especially if you expect the father to make an objection). You should at least consult with one before going forward.

  3. #3

    Default Re: Changing My Child's Name in Another State

    So, assuming I have the birth father served with papers, would it be up to him to make it to a hearing in Virginia where I live? What process would I have to go through to have him served in another state?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Changing My Child's Name in Another State

    Practically, you have to deal with a process server in the community of his residence. If he were in Virginia, you could get a sheriff to serve him.

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