Legal Question in Family Law in California
Name change for a minor
My daughter is 15, her mother has sole legal custody of her; her father has no contact with her and child support comes through a court order. She would like to change her name to her stepfather's last name-at 18 she would then like to be adopted by her step father. Can she just make a name change without being legally adopted?
2 Answers from Attorneys
Re: Name change for a minor
YES, SHE CAN. HOWEVER, SHE WILL NEED TO FILE A MOTION WITH THE COURT REQUESTING A NAME CHANGE. IF SHE IS A MINOR, THEN ONE OF THE PARENTS NEED TO FILE A MOTION ON BEHALF OF THE MINOR.
Re: Name change for a minor
Under the law, she is free to use any name she wants to use without going to court or have it formally changed as long as the reason for using a different name is not commit some fraud. If she wants to have changed officially, you can file a petition for her in the superior court to change her name. A copy of the petition must be served on the other parent. If the other parent does not object, the petition will probably be granted.