Legal Question in Family Law in California
I have full custody (physical and legal) of my daughter, the father also has not visitation. Father has never payed on the child support owed and does not try to contact us. Do I need permission to change her last name? (I am certain if he was given a chance to say no to me, he would do just that) I asked my lawyer last year at the end of our court case and she said to wait a year.... her firm in Ventura has shut down, and I'm hoping I don't need to retain another lawyer to figure this out. (I posted earlier today, only half the post was copied)
2 Answers from Attorneys
You don't necessarily need his permission, but the court will require you to give him notice and an opportunity to be heard in the name-change proceeding. Whether the court will grant the name change over his objection (if he shows up to object) will be up to the court. As for your attorney, firms do open, close, re-form with new attorneys, etc. If you want to locate your old attorney you can look up her current business information by filling in her name in the attorney search box at this web page: http://members.calbar.ca.gov/fal/MemberSearch/FindLegalHelp
You will probably have to get a court order by filing a Petition for a Change of Name. Most likely you will have to give the father notice, and he may contest the name change. For further information go to: http://www.courts.ca.gov/1052.htm.
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