Below is a question from another NC law site that may pertain to you. If your husband is nowhere to be found then you may be able to leagally have him removed as a parent.
Q -Can I change my minor child’s last name without permission from the other parent?
A -Unless the other parent has terminated his or her parental rights, you can not change a minor child’s last name without the other parent’s consent.
Dear ASmith:
Greetings. Luckily, you are in a slightly different situation than in the psot that mpcv is referencing. If your ex is “missing in action” and has not paid for child support in a year or two, then you may be able to terminate parental rights and have your new spouse adopt your child. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Greetings,
In 2003 I filed for divorce in NC and since have remarried. My ex-husband and I have no contact but we have children ages 18 and 7. I have no clue as to where he resides. My eldest went on a vacation to NYC to visit my mother and decided she wanted to live in NYC. My younger child lives with me my husband and I in NC.
I am currently in Iraq and my husband had to enroll our child in school. He ran into some problems which almost discouraged him from enrolling her. I spoke with him after the enrollment and was told, how disgusted he felt, and how he wanted to stop the enrollment because he had to supply a large amount of documents; not being the birth father. Our daughter often ask when will we change her name to the last name my husband and I shares. My husband loves our daughter and she loves him. Can you give us some advice on how to do the name change? AS