Legal Question in Family Law in California

I want to change my son's name, he is a minor. I was never married to his father but he is on birth certificate. He moved away when my son was 2 and lives in another state. I have remarried and want to change my son's last name, I will be including his previous last name as his middle name now. His father has agreed to this. The forms are confusing. Am I filing as a single parent and serving the other parent? Or since we both agree, do I send the forms I fill out for him to sign also and then file those with the court? Thanks for any help you can give


Asked on 2/11/11, 1:44 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The big question is whether a paternity action was ever filed. The proceeding may be filed in a parentage action, otherwise the proceeding must conform with the provision of Code of Civil Procedure section 1275 et seq. (In re Stevens (1982) 31 Cal.3d 403, 404.)

A parent petitioning for a name change on behalf of a minor must comply with Code of Civil Procedure section 1276. If the petition is filed by only one parent, the petition shall specify the address of the other parent, if known. (Code of Civ. Proc., � 1276 subd. (c).)

If both parents agree, then you should file the petition jointly.

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Answered on 2/19/11, 1:01 pm


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