Legal Question in Family Law in California

Father's permission needed for minor name change?

I am divorced with full physical and full legal custody of my two minor children. Their father has no visitation and the children and I have a restraining order against him. I do not know where my ex-husband lives. I am now planning to re-marry and will be changing my last name. The children have asked me if they can change their last names too. They currently use my ex-husband's last name. Do I need my ex-husband's permission to legally change their last name to my new name?


Asked on 4/19/02, 11:48 pm

2 Answers from Attorneys
Vishwa Johri Johri & Co

Re: Father's permission needed for minor name change?

Legally , to change the last name or surname you need an order from the court.

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Answered on 4/21/02, 3:56 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Father's permission needed for minor name change?

The children can start using the new name. To legally change their name will require filing a petition for name change in the superior court where they live. If you are unable to locate him you can serve him by publication. This requires a court order allowing to you to serve him by publication.

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Answered on 4/20/02, 2:40 am


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