Legal Question in Family Law in California
I would like to know, the procedure of changing my son�s last name (from a previous marriage) to that of my new husband.
This is the situation:
My son was born in in another country � he has a Consular Report of Birth Abroad and a US Passport but his surname is that of his biological father who is an American citizen by naturalization. I got a divorce and I now have sole/full custody of him. I am now remarried to an American Citizen and I am a Permanent Resident living in California. I have no idea about the whereabouts of his biological father. How do we go about changing my son�s last name to ours?
1 Answer from Attorneys
You would file a petition for a change of name with the court. You would have to serve the father with the petition, and you could possibly do this "by publication," in other words having the petition printed in the back of one of those legal newspapers nobody reads. Before the court will let you do that, you would have to prove you were diligent in looking for him, for example by checking voter registration and DMV records.
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