Legal Question in Family Law in California
name change
My daughter's last name was changed by her mother 1 1/2 yrs ago from my last name to her mother's. I just recently found out about it through my daughter's school (she's 5). how do I go about getting it changed back? I was never served papers saying she had filed for a name change, although I have read that it is the law to do so if the other parent is alive and living in the same state. The mother has custody while I have visitation rights. In fact, she changed our daughter's name soon after I filed for visitation and nothing had been established other than joint custody, which says that neither parent can make any major decisions for the child without consulting the other parent. Is she allowed to do this and will I be able to have it reversed?
2 Answers from Attorneys
Reply: name change
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: name change
You are allowed to a hearing to determine whether it is now in the best interest of the child to again have her name changed after a year and half. You are not automatically entitled to have the name changed back. As far as recourse against the mother, you would have to first show that she caused a false proof of service to be filed with the court. This may be impossible as it is required that a non-party sign the proof of service. So if anyone lied to the court, it was not the mother, but the person who signed the proof of service. Also note that if the child is using the name in her school, it is unlikely the court will cause her name to be changed again. You will have to provide some very compelling reasons why the child's name needs to be changed back. The information you provided me is probably not compelling enough for the court to change the child's name back. Also note that regardless of a legal name change, the mom can still refer to the child by her "new" name.
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