Fulghum v. Paul

Undercofler, Justice.

Charles Fulghum seeks to vacate a judgment changing the surname of his minor child to that of her stepfather. He contends that the Act providing for such name change is unconstitutional under the due process clauses of the State and Federal Constitutions (Code §§ 1-815, 2-103) because it does not provide for personal service upon him as the father of the child. The statute specifies service by publication "... in the official gazette of the county once a week for four weeks.”

The name was changed upon petition of the mother who was granted custody of the child upon her…