Legal Question in Family Law in California

Can my 16 year old legally change her last name w/o biological fathers consent?

I'm the mother of a very intelligent 16 year old who wants no relationship with her biological father(my ex-husband).I have been remarried and have been with my current husband for 15 years.He has helped raise my child emotionally and financially and has been apart of her everyday life!My daughter considers my current husband as her dad.My ex-husband was incarcerated for 5 1/2 years and was released 1 1/2 years ago. Last court order stipulates that we have joint legal and I have physical custody. Visitation and court orders were to be reinstated after his incarceration. My child has had extensive counseling since she has been a small child, before, during and after her father was incarcerated, following his release(some of the sessions he attended).The end result being the same, she wants no relationship with her biological father.Her wish is to have my husband legally adopt her before she graduates high school. She is a straight A student with alot of acedemic achievements and is active in our community.It is important to her to have her name changed to my husbands last name so that her accomplishments will be recognized with his last name.I don't believe her biological father would consent to the adoption!Where do we start?


Asked on 5/27/04, 12:08 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can my 16 year old legally change her last name w/o biological fathers conse

To proceed with a step parent adoption you will need to establish some ground for terminating father's parental rights. The most common ground is abandonment. However, each case is dependent upon its individual facts. You need to contact an attorney to review the facts of your case with an attorney.

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Answered on 6/01/04, 3:20 am


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