Legal Question in Family Law in California

My daughter hasn't seen her bio father in over 4 years. She doesn't want anything to do with her. My husband has been her dad since she was 3. She is not 12 1/2 and she uses our last name in her daily life. She wants to know if she can have her name legally changed. Her bio dad will most likely fight this. Would it be difficult to have her name changed in the court at her age even if it is what she wants?


Asked on 10/23/09, 3:05 pm

1 Answer from Attorneys
Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

If the father has not seen his daughter in 4 years AND HAS NOT PAID SUPPORT in a year at least, your husband might want to proceed with a stepparent adoption and you can proceed with a Freedom from Custody action to determinate parental rights. If he has paid support during the past year, you may not qualify. You may be able to mediate this dispute with father by agreeing to negotiate on any past due arrearages in child support.

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Answered on 10/28/09, 10:11 pm


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