Legal Question in Disability Law in California
My ex-wife (separated/divorced 12 years) in Los Angeles, CA has filed a NC-100 petition to change the name of our 12 yr old daughter to her current husbands name. I have been active in the child's life and paid all support for 12 years. I live in KY. The mother has alienated my daughter against me. How can I stop her name change?
1 Answer from Attorneys
You should have been served with an Order to Show Cause re: minor name change (Form NC-120). You need to provide a written statement opposing the name change and file it with the local court where the matter was originally filed no later than 2 days from the date of hearing. You may request to make a telephonic appearance, however you may very well want to oppose the name change in person.
Presuming you still retained your parental rights, including shared legal custody, you will most likely prevail. However, loss of legal custody while still retaining your parental rights is not sufficient to your right to be heard, and you still stand a good chance of opposing the matter since you are current in your support and are active in your child's life.