Legal Question in Family Law in California
name change for a minor child
I have a 6 year old child raised by myself,with my last name.her father has not seen her since she was a baby and has no wish to do so,nor do we have any contact with him,we do recieve ssi for her through him though. my question is would it be difficult for me to change our last name legally(it is not the same as his surname) or do we need to find him and have him involved in the process?He is however listed on the birth certificate
2 Answers from Attorneys
Re: name change for a minor child
You can file a petition to change the childs name. Father would have to be notified, but based on the information provided you should have an excellent change of getting the court to order the name change.
Re: name change for a minor child
Unfortunately the father is a presumed father in California (probably) if his name is on the birth certificate. To legally change the childs name you would have to get his permission. You could have your new husband adopt this child and if you cant locate the father terminate his rights and free the child up for adoption. You might be jeopradizing the social security benefits though. Check with a social security attorney and see if that would affect the benefits.
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