Legal Question in Family Law in California
Last Name Change
My Husband authorized his ex to have his childrens last name changed to their step fathers last name.
We just found out that this has been done. All we are asking for is the paper work that says their name is legally changed.
His ex will not send us this through the regular mail or email it to us because her scanned doesn't work.
Is there a way we can get this information through the internet or a phone call without going through her. These kids are still his and he pays child support on time every month.
Thanks!
2 Answers from Attorneys
Re: Last Name Change
If I have read your question correctly father, your husband, has consented to the last name of his children being changed to stepfather's last name. That the problem is that mother has not provided a court order stating that their names have been changed. I believe that his obligation to pay child support will continue unless the stepfather adopts the children. An agreement that she will not collect child support would not be enforceable.
Re: Last Name Change
You will have to file the proper paperwork regardless, and inform the father through proper service of process. If he does not object, then you most likely will never have to deal with his spouse.
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