Legal Question in Family Law in California
I would like to change my son's last name to my own, it's currently his father's last name but he has no involvement, can I legally do that without his consent since he doesn't help us with anything anyways?
2 Answers from Attorneys
You will need his consent. However, if you have sole legal and sole physical custody, there is a better chance of getting a court to agree to allow it during a court proceeding. I would need additional facts to provide further advice. If you need representation, please let me know.
BARRY BESSER
www.besserlaw.com
You don't need his consent. By answering as such, Mr. Besser implies that the father has the last word on what the child's last name is. That is not the law.
You would have to file a petition and have the petition served on the father. So the correct answer is he has the right to have notice and object, but he does not have to consent.
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