Legal Question in Family Law in California

Legal name change of a minor

My daughter is 15 and wants to change her last name to her stepfathers last name. Her biological father hasnt been around since she was 3. Are we able to do this?


Asked on 1/13/08, 10:48 pm

2 Answers from Attorneys

Kendra Thomas Law Offices of Thomas & Associates

Re: Legal name change of a minor

The short answer to your question is YES!

In the case of a minor child, where both parents agree, changing a child�s name can be easy. However, it gets a little more complicated when one parent is petitioning the court. When one parent alone petitions to change a child�s name, the other parent must be given proper notice of the proposed name change. If the other parent does not object or if the absent parent has abandoned the minor child, the court will most likely grant the name change. So, your best bet is to show the court that your daughter has been abandoned. However, for argument sake, even if the court determined that your daughter has not been abandoned by her biological father, you may be able to change her name if you notify her biological father. If you are unable to find him or do not know of his whereabouts, the court may allow you to notify him via publication. If there is no objection after publication, then the Court may be inclined to grant your request.

Keep in mind that if you are considering adoption of the minor child, this must be done through a separate process. If you are considering adoption, it may be noteworthy that a minor�s name can be changed through the adoption proceedings without having to file a separate court action.

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Answered on 1/14/08, 1:01 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Legal name change of a minor

yes.

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Answered on 1/26/08, 2:47 pm


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