Legal Question in Family Law in California
Last Name Change
remarried when my son was 5yrs. changed his last name on Soc.Sec. with same #. Everything except birth cert. is in step dad's last name. He got a dui they took his license. He went to get an ID for a job. Would not give because name different on birth cert. and said he has to change his Soc. Sec. back to birth name. He is 38. Banking, medical, credit cards, everything using stepdad's last name.
2 Answers from Attorneys
Re: Last Name Change
He may be able to request a legal name change now, which may require the DMV to allow the change. I could talk with you further about this to determine if he would qualify. It may be tough if your son is on probation. However if the judge determines that it is not for an "illegal" reason that he wishes to change his name, it may work out reasonably well.
Regardless you should use an attorney to accomplish this.
Re: Last Name Change
He needs to file a petition with the court to change his legal name to the name he has been using most of his life. Once he obtains this court order, he can send it to the Secretary of State and ask that a new birth certificate be issued with the new name. Note that this process takes at least 6 months. However, once he obtains a court order changing his legal name, the DMV will probably give him a new ID.
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