I’m wondering if I need consent to change my stepson’s last name. His biological dad hasn’t been in his life for all four years and is going to prison soon. The mom is the custodial parent. I’ve heard that in Washington State, you don’t need consent from the other parent, but I keep being told to ask a lawyer, and consultations are very expensive here. Does anyone know if I can legally change his name without needing the biological father’s consent in this state?
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Name changes in Washington state are fairly simple. Unless you can provide a valid explanation for the other parent’s absence, both parents are usually required to sign the paperwork and attend the hearing. You’ve got a good reason. There is space on the petition to write it down.
All King County information and paperwork are available here. The procedure is identical in other counties; visit your county court website and look it up. The forms should be available through the website.
Aside from that, the clerks in the courthouse are generally helpful and pleasant. They will explain what you need to do.
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Changes of name without consent from both parents are permitted in Washington, however a lawyer is advised (at a cost). They deal with complexity and present a compelling case to prevent more issues. For resources, check out WA Courts or legal aid.
I’m not sure, but good luck to you!