Legal Question in Family Law in California
Adoption
Daughter has one child from wedlock, she has married, and has another child now with the father's name. The first child has my daughter's maiden name. I would like to know how the father can give the first child's name. Does he need to adopt her legally. She is 13 years old, and they have been together for 12 years, but married for 3 year?
1 Answer from Attorneys
Re: Adoption
You question is unclear. If the father of both children is the same or a father has not been named for the older child a petition to establish paternity can be filed. These files are confidential and not generally available to the public. As a part of the judgment that he is the father a request could be made changing the older child's name. Before proceeding with this make sure that this is something that she wants and will serve her best interests.