Legal Question in Family Law in California

Name Change for Child

Hello.

I have peition the court to change my child's middle and last name to mine. I am his father and in a custody battle with my son's mother.

Can you please advise as to what the court looks for when requesting a name change from 1 parent when the other parent does not agree?

The mother name my son's middle name after her current boyfrend and my son's last name is her ex-husband last name. The mother has 2 other children who carries there father name.

My son will be 3 next month and has down syndrome so he does not know his middle and last name, only his first name. Therefore, I think the name request at this time in his life will not affect him.

Please any advice or assistance will help at all. I would just like to know what the court think is important or what reasons may persuade the court to change the middle and last name when the other parent does not agree.

Thank you


Asked on 6/23/09, 8:16 pm

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Name Change for Child

If there is a pending custody case, the name change is not properly done by the name change petition in the court's civil division, the family law division is the proper place. If the mother brings this up, the court should deny your petition and make you go to the family law division. There, the court is guided by the best interests of the child, so it's in the judge's discretion to consider the arguments for and against. If you are the father and the last name is the ex-husband's, especially if he has no continuing relationship with the child, I do not see how the best interests are served in having neither parent's last name.

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Answered on 6/23/09, 8:25 pm


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