What are the chances of Legally Changing the names of children to the Mothers last name

Question

When she has Full Physical Sole custody for app.3 years.The Mother Un-married.Given Full Physical Sole custody because other parent unfit with Mental issues & Domestic Violence.The Mother realizes he could go against it....But the Mother wants her children to have the same last name as her.He wanted to terminate his rights...but only through adoption and she does not want them adopted at this time.Even to the boyfriend.She Wants whats in the Best interest of the children (twins).

Answer 1

She would probably just have to post a public petition (i.e. in the newspaper), but she would prolly have to say that she doesn't know his address or how to contact him in order to notify him.  Then the public notice fulfills that requirement.

Things would probably differ a bit based on which state she is located in as well.  

Answer 2

My personal experience, in similar circumstances, was that it was very simple, but that was in Canada. I'm sure that in the US there would be slight differences in procedure from one State to another. If notifying the father is a prerequisite, it would probably be better if you didn't know his whereabouts.  

Answer 3

It's very unlikely the courts will allow the boyfriend to adopt since he is not married to the mother.

In Florida, if the father has not paid child support for 2 years, the step-father can petition for adoption.

The bio dad will be given the opportunity to pay all back child support payments.

If he refuses, or is unable to do so financially, the judge can terminate his parental rights and grant the adoption.

Check the laws in your state.

Changing the children's last name will not stop the father from stalking the mother or stop him from being abusive.

She needs a restraining order.

Do the custody papers require the mother to notify the father of her change of address?

If not, she should move as far away, and as quickly, as possible!

P.S.

If the father has visitation rights, the mother should ask for supervised visits in a neutral, court approved, location.

Answer 4

Not going to happen unless he either gives permission or gives up his parental rights. That's the bottom line. It's a lousy system, but that's what the law requires.