Legal Question in Family Law in California

There is no definitive answer, but, based on my years of experience, I would say that most judges would not do what you want. If they change the name at all, then they would drop your former last name as that is not the name of either parent. Also, generally, since your new husband is not the biological father of your daughter, the courts would be reluctant to add his name. These presumptions are not based in the law, as it is ultimately up to the discretion of the judge, but instead based on 14 years of experience. Good luck.

www.FamilyLawCalifornia.com

You would have to file a petition for a name change of a minor. Those papers would have to be served on the father.