Legal Question in Family Law in California

Changing a child's name without mother's approval?

Hello.

I filed an OSC to increase time with my child. The court ordered a CCI investigation which was in my favor and I received everything I requested which is in the best interest of my child.

The mother named my child after her current boyfriend and ex-husband. I ask the Judge to order the middle and last name changed to mine and the judge scheduled a new court date for this hearing.

The Judge stated that she will give us each 5 mintues to make our case. I am pro per but the mother is not.

Can you please provide advise as to what the Judge would considered important for the name change?

The Judge stated in court that my child deserves to have my name and the mother objected. Basically, I want the child name changed because he is my child. His mother other children are named after there father so why isn't my child name after me.

I know why I want the name change. I think it is very dysfunctional for a child to have his mother's boyfriend and ex-husband name. Additionally, the child is mine.

I appreciate any advice. However, advice tha includes me meeting with someone for an hour at $350 does not help me at all. If I had the funds, I would rather be working with a lawyer, but I do notk.

Thank You


Asked on 4/02/09, 11:59 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Changing a child's name without mother's approval?

The Court is going to make the decision based upon what the Court is persuaded is best for the child. I take it your paternity has been established and there is a judgment and that the ex-stepfather has not asserted custody rights. If that's true, the child's last name will be changed, the only question is your last name or the Mom's. In US tradition and most cultures it is common practice for the child to take the father's name, but tradition isn't the law. You need to tell the judge why it's best the child has your last name.

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Answered on 4/02/09, 7:03 pm


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