Legal Question in Family Law in Illinois

I have a daughter who will be 3 in December and I'd like to change her last name. The biological father has never been in her life, but his name in on the birth certificate because I was pressured into it. I regret not giving her my own name everyday. I'm in a serious committed relationship with my fiance now and we share a child together. Between us we have 3 children. Two of them have the same last name and I would love for my oldest daughter to have have it as well. He is the main man in her life and the only daddy she has ever known. I'd like to change it as soon as possible, before she's old enough to question why her last name is different from her sisters. How can I go about doing so? If my fiance has to adopt her to change her name then we're both willing to do so. Like I said, he is the only father she has ever known and the biological father is not in her life and never has been.
I posted this question on another site and I was told that I could do all this without the consent of the biological father (change name and adopt.) My question now is how do I begin the process? Do I need a lawyer? If so, is there a low income lawyer or one that will do this for free because I can't afford it. Or can I download a petition to change a minor's name form and send it somewhere without having to go through a lawyer? I'd like to follow the easiest route possible. Please help, I'm desperate. I've been trying to do this for awhile now but I have no idea where to even start. Thank you.

Asked on 11/21/09, 1:34 pm

Joseph Michelotti Michelotti & Associates, Ltd.

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You need to give the father notice. You would need a lawyer to accomplish this. Cost should be less than $2500.00

Answered on 12/02/09, 12:11 pm

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