Legal Question in Family Law in California

Re: Legally changing a child's last name after marriage

The mother can have her son's legal name changed, especially if she has sole custody of her son, then it is really no problem. If you are honestly thinking about adopting her son, then you can have his name changed during that process as well. If the biological father has abandoned the child, then adoption will not be much of a problem, even if he contests the adoption. Depending on the situation of when the child was born, a parent abandons his child if he has no contact with the child and does not pay child support for over one year.

Even if you do not know where the father is, you can still adopt the child. However, there are legal ramifications of adoption, you should use an attorney for the adoption.

Please feel free to give me a call if you would like to discuss the matter with me, I would be happy to speak with you.

Michael D. Burt

(213)384-2220

Re: Legally changing a child's last name after marriage

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Mother can "informally" change the child's name at school and maybe even get a new Social Security card for the child by showing her marriage license. To legally change the child's name for all purposes will require that you at least attempt to locate the father and get his contest. Regarding adoption, same applies. Try to locate and get consent. If you cannot locate him and/or consent is not obtained you still can adopt if the father has abandoned or failed to support the child. (There are legal definitions of both circumstances that you must know and apply.) I do NOT reccommend "do it yourself" adoption. Hire a lawyer. Mistakes can come back to harm or haunt you and/or the child many many years later.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Legally changing a child's last name after marriage

His mother can inform the school that he is changing his name.

In regard to the adoption you should hire an attorney. The notice can be given by publication, if necessary.