Legal Question in Family Law in California

Opposition to Petition to Change Name of Minor

My fiance was served by his "ex" girlfriend with a Petition to Change Name of their 9 year old daughter. He is contesting it. Since he is an active father to their daughter, and to her 14 year old daughter (since she was 5 months old), what is his chances of losing? We are filing an Opposition to Petition. The hearing is 6/30/99. Should we file a Continuance to be better prepared? Is there something we can do since the Proof of Service was made by "her" husband (under a "nonparty to the action"?) What other procedures should we take?


Asked on 6/14/99, 5:45 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Opposition to Petition to Change Name of Minor

this response is too late for the hearing. The exe's husband is a not a party to the action, unless he has been joined to the action.

The court is generally liberal in allowing the mother to change the childs last name so that it is the same as her last name.

You should contact an attorney regarding this matter, as the individual circumstances must be considered, such as the age of the child, the time that father spends with the child, etc.

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Answered on 6/30/99, 8:19 pm


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