Legal Question in Family Law in California
minor name change, second parent not able to locate
My daughter has not seen nor spoken to her biological father since she was 2 and she is now 12. We lived in California all her life till recently we moved to Hawaii. She has used my madien name all of her life and has never used her leagal name. The schools in Hawaii will not let her use my madian name. I got married last year and now my daughter would like take my husbands name. We plan to have more children and she would like to have the same name. How do I go about changing her name to mine and my husbands name? We have no idea where her biological father is.
4 Answers from Attorneys
Re: minor name change, second parent not able to locate
You can petition the court in Hawaii for name change
Re: minor name change, second parent not able to locate
You can petition the court in Hawaii for name change . You should contact an attorney in Hawaii to assist you with name change in Hawaii court.
Re: minor name change, second parent not able to locate
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 --
You may petition the court in Hawaii for a name change UNLESS there has been any kind of court order regarding the child (paternity, custody, visitation, support, etc.) made by a California court AND the father still resides in California. In said case, California retains exclusive and continuing jurisdiction. If there has been a California order and you are not certain if father is still residing in California, but that IS his last know address, you probably should procede in California, with service of the father by publication.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: minor name change, second parent not able to locate
Under Hawaii Law HRS 574-5 you can petition for name change the standard is: upon proof that the parent initiating the name change has made all reasonable efforts to locate, notify, or elicit a response from the other parent, and after an appropriate hearing, orders a change of name determined to be in the best interests of the minor -- you may have to publish in the paper as notice -- BUT ALL IN ALL IT WILL BE FAIRLY EASY - feel free to call if you have any questions--