I was in exactly the same situation. Because of the 'special' circumstances, I decided to hire a lawyer. Chances are that the bio-father will have to be given notice of your intentions and will be given the chance to object to the name change. I can't tell you what will happen with your case, but here's what happened with mine. My ex was sitting in prison and was served there. He wrote a letter to the court objecting, but we went to court (ex did not show), the judge heard our case and granted the name change. A year later, we filed for step-parent adoption, which my ex also objected, but it was granted in the end. Of course, some courts are reluctant to do name changes because it looks like an adoption when it isn't. Has your husband expressed an interest in adopting your kids? If that is an option for you, I think you should look into it. Again, the bio-father would have to be notified and given the chance to object. Good luck.
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Originally posted by stnielsen
My ex is a registered sex offender(there's some stigma there),He's had virtually no contact with the kids in two years,and the kids are now part of a happy,stable family with me and their Step-father.They would like to take Step-dads name and be more a part of the family that has given them continuity.How difficult is it to get a child's surname changed?
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