Legal Question in Family Law in California
Child name change
I have sole legal and physical custody of my son, and the biological father can exersise his visitaion rights twise a year. The current court order states only that I keep California jurisdiction for the matters of custody and child support, seeing how we currently live in Texas. A name change has nothing to do with either matter, can I file in for his name change in TX ? And do I have to get his approval or fight him for this?
1 Answer from Attorneys
Re: Child name change
After the child has resided in Texas for six months you can file to transfer venue to Texas courts.
A court can grant a name change for a child and uses the "best interests of the child" test in deciding whether to grant the name change.
Whether you will be successful in getting the court to approve is very dependent on the facts in your particular situation and why you are wanting the name change. If the father is very involved in the child's life and opposes the name change, you may have a difficult time, but if you can get the father to consent to the name change it would help your chances considerably.
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