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Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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how to get name change biological father will not answer my

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My son wants to change his name to my married name he is 10, i have written to his biological father but he will not answere me. He pays maintance but this stops and starts as he keeps changing jobs. this was only put in place by benefits. He has no contact with his son nor letters gifts cards ex since 2005 nor any contact with other members of his family i Left dv.

My childs step father has parental responsability given by the court, his bio father never turned up. adoption agency said all he really needs is his name changed

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - you do have an address for your ex?
Customer: replied 2 years ago.

Ihave sent letter to his parents and his brother and i know they still live at those addresses

Just to check - have social services not traced him?
Customer: replied 2 years ago.

No i have asked csa for address but cant give due to data protection and will not send a letter in for me.

When was the matter last in court?
Customer: replied 2 years ago.

Step father got PR in 2008 when we were married

First you are going to have to try to trace your ex.
A private Investigator should be able to do this for you for less than £100 and they are usually effective.
You will then have to attend a Family mediation information and assessment meeting - and if appropriate try and discuss the matter with your ex.
If that fails you can then apply to the court for a Specific Issue Order allowing for the Change of Name.
If you cannot trace him then the MIAM will not be necessary and you can go straight to court.
You will however have to ask the court either to dispense with service on the grounds that your ex cannot be found; or for the DWP to release his address to the court
It would be helpful if you could get the Social Worker to confirm in writing that this is what the child wants
I hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you