Minor child name change

North Carolina Divorce Law Divorce and Separation Answers
1

Hello my name is Kevin Wilson, my wife and I were just married on February 14 of this year. We have been together for 7 years. We are wanting to have my step sons middle and last name changed to mine, he is currently 7 years old. The biological father has had no contact with him since he was 9 months old and that was at his former daycare and only for 5 minutes. I am all he has ever know as daddy. The biological father is under a child support order to pay $100.00 a month. I have provided all support for him since he was a baby. To me this is my son, and he doesnt know any different. Will this name change be possible? Thank you so much for your help.

Kevin Wilson

2

Kevin,

You may want to read this statute:

In summary, as long as the biological father is living, you will need his consent, unless the child is 16, then the only requirement is the parent who has custody.

There is a provision for filing with the courts that the child is abandoned since he has no contact with his biological father, and if that’s successful, then your wife could change the name.

3

Thank you so much for your help.

4

As I stated in my other response, the claim is not one of “abandonment” but to terminate his parental rights. There are many factors the court looks for to determine if termination is appropriate.