I am wondering if I need the biological dad’s permission to change my stepson’s last name. The dad has not been in his life for the four years he has been alive and is going to prison soon. The mom has custody. I have heard that in Washington State, you don’t need the other parent’s consent, but everyone says to ask a lawyer, and they’re expensive. Does anyone know if I can change his name without needing the dad’s consent?
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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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That is a hard question. You are right. In Washington, a parent who has care may be able to change a child’s name without the other parent’s permission, especially if the other parent isn’t there. But it’s always best to talk to a lawyer.
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From what you have shared, it appears that you reside in Washington State, and your stepson’s biological father is about to enter prison after being absent for four years. Changing a kid’s last name in Washington usually requires the approval of both parents, unless one parent’s rights have been terminated or they have abandoned the child.
You could be entitled to change the name without the father’s permission because he has not been involved in it for a number of years. However, in order to properly comprehend the rules and procedure in your particular case, I highly advise speaking with a local family law attorney. Even though hiring a lawyer might be expensive, this is a crucial choice that should be discussed with an expert. The lawyer can advise you on what to do and check if you can move forward without the father’s consent.