Legal Question in Family Law in California
name change for child
My son wants to change his birth name to my new married name, but his birth father is still alive and lives in a near by town, and still pays child support (it is taken out of his salery.) His birth father has not contacted him in 2 years and my son doesnt want any contact with him. Can I just go to court, pay the money and have it changed?
2 Answers from Attorneys
Re: name change for child
To have your son's name changed legally, you must go to court to do so. If you have a paternity case already on file, you can file your motion for a name change in that case. The birth father (and any other parties to the case) must be served personally with the papers. At the hearing the Judge will look to the best interest of your son.
You should read California Code of Civil Procedure sections 1275 to 1279.6. Also your local family law facilitator may be able to help you.
Re: name change for child
Your son is free to use any meaning he likes without having it formally changed. There is no law against using any meaning you want to use, unless you are using it to commit some type of fraud. If you want to have the name changed formally, you can file a petition with the Superior Court. A copy of the petition will have to be served on his birth father, but if he does not object it will probably be granted.