If my daughter’s biological father has made no atttempt to contact us in about 3 years, how can I get his rights signed over so that I can change her name?

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If my daughter’s biological father has made no atttempt to contact us in about 3 years, how can I get his rights signed over so that I can change her name?

Asked on October 25, 2012 under Family Law, North Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would have to bring an action for termination of his rights and that has to be based upon grounds - good ones too - under the law because the courts do not like to terminate rights lightly.  Does he pay child support?  Then that would terminate and the courts do not generally like to take those funds from a child.  Voluntary termination is also not just granted byt the court with out a good reason. I assume that is what you meant by signed over.  What you can do is get his consent to change her name or give him notice of same.  Or you can hyphenate your last name with hers and you do not need his consent for that.  Good luck. 


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