Milton
- For a child under 18 years ,the mother or legal guardian can apply, you will need to give reasons for the name change, e.g.abandonment, lack of support, etc.
The application is submitted to the registrar of documents. - Consent of the father..
If the father is still alive and on the birth certificate his written consent is usually required UNLESS the father has been absent or neglectful for a long time.
How to prove this sometimes is very difficult. There is a court order giving the mother sole custody and parental responsibility. Proving this could make the process faster. When courts realize that the father has not been participating, he has been absent.
OR
If there are compleling reasons like if he is not cooperative ,a court can approve the name change without the father’s consent.
- In court the mother should do the following or prove that
β The father has abandoned or neglected the child(ren).
β The name change is In the best interest of the child(ren).
β The father does not play any role in the child’s life or upbringing.
NOTE you can not erase the biologicals father records completely from public records without strong legal justification.
However you can change the surname the child uses and even have it updated in school, ID and passport records once approved.
If the children are older usually above 7 or 10 their views maybe considered by the court too.
Talk to an experienced family lawyer and especially If you expect the father to challenge the process,if he is uncooperative.
Documents are important as they affect everything from education,travel, buying pieces of land,almost everything in future boils down to a person’s birth certificate.
Moms be very careful with names, this process is costly.
