Legal Question in Family Law in California

I am waiting to have child custody and child support orders to be finalized but in order for that to happen I need my ex to sign the papers. However, he wants to add that we change our daughters last name to his. I am reluctant for that because it wasn't part of the original Orders and I have sole physical custody and joint legal custody. Also, he lives in AZ and we reside in Ca. I need to know what are reasons not to have her name changed since I have her 98% of the time and he only sees her every few months and that mostly because of my doing by going to visit Az. I prefer that she keep my last name since I believe it makes more sense since she's with me.


Asked on 1/29/15, 5:27 pm

1 Answer from Attorneys

Sounds like your ex is a real peach, essentially blackmailing you like that. It is virtually impossible that he would get such an order if you take the case to trial instead of him signing the papers, and if that is the only reason he is holding up the settlement it is very likely he would be ordered to pay your attorneys' fees for making the thing go to trial instead of signing the papers. So that is the leverage you have here. If he won't sign, say "fine, then we'll set it for trial and see what a judge says about it."

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Answered on 1/29/15, 5:36 pm


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