Changing a Child's Name: Childrens Name Change in Virginia

My question involves name change laws in the State of: Virginia



I have twin three year old sons. At the time of their birth I was separated from my ex husband for 4 years due to argument over who would pay for the divorce. The father of my twins did not sign the birth certificate but paternity was established via dna in a child support case. My sons have my ex married last name.



I have since remarried and the biological father was absent the first three years of their lives by his own choice. Now he is getting supervised visitations that have not been court ordered, we are working it out outside of court.



I believe the boys need to have either mine or their father's last name. Since I am the one with custody and have cared for them since birth I believe they should have my current married name. The father will not agree and want them to have his.



I understand that they may end up with his last name because after all he is their father. I feel though that since I will be the one registering them for school and taking them to dr visits and the like, it makes more sense that they have mine.



What are my chances of getting their names changed to mine?

Changing a Child's Name: Childrens Name Change in Virginia