Legal Question in Family Law in California
Change of name for minor 10 year old son
I would like to change my son's (10 yrs old) name back to mine. I was never married to the father and have had sole legal and physical custody for 9 years. Last year I agreed after much harassment to give him joint legal (he only sees him every other weekend). I would like to know (because his father will object) what the court considers in granting the name change (what standards have to be met to consider it ''in the best interest of my son'') or whether it would create more of problem than it is worth. His father has a past history of criminal and civil restraining orders against him and jail time (not within the past 2 years) although now he is married and has one child. I would like to do this because there is always confusion at schools, sports, insurance etc and I feel at the time of his birth I thought we were going to be together or get married which never happened and thus would like to just change his name.
2 Answers from Attorneys
Re: Change of name for minor 10 year old son
You need to petition the court for change of name for your son. After filing the petition, you need to publish it and serve it upon father. If there is no opposition, court will most likely grant the petition. If you need attorney's assistance, I will be happy to assist you with the name change of your son.
Re: Change of name for minor 10 year old son
Thank you for your question.
To change your childs name, you need to apply to the Superior Court of the County where you live and make an application for name change wherein you state your name relation and address, your childs name and address, place of birth and the reason for the name change. You must also include the name and address of the father if known. In considering what is in the child's best interest, the court will look at factors such as the father's participation in the boy's life, the length of time the child has had the name, the effect of a neme change on the father-child relationship, the strength of the mother-child relationship and the identification of the child. Also, the court will consider the effect of the name change within the family dynamic. The symbolic role that surname other than the natural father's may play in easing relations with a new family should be balanced against the importance of maintaining biological father-child relationship, and "the embarrassment or discomfort that a child may experience when he bears a surname different from the rest of his family should be evaluated" The case on point is In Re: Marriage of Schiffman (1980)
I hope this is helpful-Martin
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