Legal Question in Family Law in California

I have joint legal with my ex wife. When I see my kids, they tell me their last name is no longer my last name but their new step fathers. I never gave permission for a name change and asked her to stop having the kids use his last name but mine. (their legal name from their birth certificates.)She has repeatedly ignored me and published in their school year this "new" last name. What can I do to make her stop?


Asked on 3/15/12, 2:52 pm

4 Answers from Attorneys

Gary R. White Burton & White

Seek a court order, if your ex will not go back to the children correct last name.

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Answered on 3/15/12, 3:02 pm
Brian McGinity McGinity Law Office

I agree with Mr. White. I would not play games with it or give her time to confuse the children more. I would also call the school district or the school and make sure their records are still in your last name. Play hardball with this issue, and let her know this is not open to debate.

I would immediately file a motion to compel and proceed to court. If she tries to put it off as no big deal, tell her it is a big deal and still seek the court order.

If you would like to discuss the matter please feel free to contact our office through our website at www.brianmcginitylaw.com

Good luck

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Answered on 3/15/12, 3:36 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

There seems to be a deeper undercurrent of your ex trying to cut you out of the children's lives that could amount to parental alienation. Please meet with an experienced family law attorney to discuss your legal options.

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Answered on 3/15/12, 6:42 pm


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