Legal Question in Family Law in California
Name Change
I have a question about a name change, it seems rather complicated but I will try to explain as best I can. Eleven years ago I had a son, I was not married to his father at the time so he was given my maiden name on his birth certificate. One year later I married his father, and from that time on my sons last name was his father's, on things like his medical records, and his school records (my son has special needs and has been receiving schooling since the age of 18 months). When I inquired about a name change early on I was told by someone I can not remember that if I had his medical records in his father's last name that this would become legal after seven years. Now that my son is in Middle school they are questioning that this could not be true. Is there any truth to this? And if not could you offer any suggestions on how to do this process as easily as possible? Thank you so much for your time. Kathleen J. Wachob
1 Answer from Attorneys
Re: Name Change
There are two possibilities that come to mind. 1st you could file petition to establish paternity, and in the paternity order have the child's name;
2nd you could have him adopt rhe child, step-parent, this would also result in a name change.
Filing a petition for a name change would also work, however, this is a public record. This would possibly have negative affect on the child.