Legal Question in Family Law in Virginia

Re: how do i change my child's name to my married name

You actually have two choices.

You can file a petition for name change. You are required to give notice to the child's father, but since you don't know his last name, you probably don't know his whereabouts either, so you may have to request an Order of Publication, which will run for several weeks in a newspaper. Assuming the child's father doesn't show up and object, the Court would probably order the name change. Even if the father does show up, the court can still consider the petition.

Or, if he wishes to do so, your husband can request to adopt your child. Again, you will have to give some kind of notice to the child's father, and the child can have his name changed as a part of the adoption order.

You will probably need to hire an attorney to assist you in this process, due to the notice requirements.

Good luck.

Re: how do i change my child's name to my married name

You should consult with a Virginia attorney regarding the application of the law to the facts of your situation and all your options. Changing the name of a minor whose biological father is unknown presents procedural challenges. The following is general legal information about changing a minor�s name in Virginia.

Code � 8.01-217 provides that any person desiring to change his child's name may apply to the appropriate circuit court, �which shall consider such application if it finds that good cause exists therefor under the circumstances alleged.� The statute further provides that when both of the child's parents are living and when the parent who does not join in the application objects to the proposed change, �a hearing shall be held to determine whether the change of name is in the best interest of the minor.� The statute further provides that unless the court finds that the change of a minor's name �is not in the best interest of the minor,� the court shall �order a change of name.�

Rowland v. Shurbutt, 259 Va. 305, 308, 525 S.E.2d 917,919 (2000)

Under Code Section 8.01-217, the parent who does not join in the name change application is entitled to reasonable notice under Code Section 8.01-296. Where the name and whereabouts of a party with an interest in a matter are unknown, this may require service by publication.

You and your husband may instead consider filing a petition for an adoption of your son by your husband. Your son�s name can be changed as part of the adoption proceeding.