Legal Question in Family Law in California
my husband molested my daughter(his step) and i reported, he served a few months jail time. i am proceeding with divorce and asking for sole custody of the 2 girls(4 and 2) that we have together. would i be able to get their last names changed at the same time the divorce is being settled? he will not contest divorce, doubtful he will even show up.
1 Answer from Attorneys
I really hate to be the bearer of bad news, but this may not be over. You will not be able to change your girls' last names that easily. My experience has been that even in situations such as you describe, the Courts are reluctant to terminate a parent's right without allowing him to seek counseling and "rehabilitate" himself. They may even point out that he didn't molest his own daughters, although to me anyone who is willing to cross the line and touch a child would likely not be concerned about being related to the victim. Be prepared. Hopefully he will just drop off the face of the earth, but I don't want you to be blindsided.