Legal Question in Family Law in California
Question about changing my sons name
I was divorced in Cali 2000. My ex was AU from the Marines and no where to be found, so I did it through the paper. The judge ordered no visitations and no child support. My son is now 7 and wants to get rid of my ex name. He wants to go by my maiden name. He goes by the maiden name in school. How do I go about changing his last name. I still do not know where my ex husband is. he hasn't seen his son since he was 4 months old. I now live in Missouri and have since January 2006. I was wondering how I go about filing to change it or if he has to wait until 18. Thank you.
3 Answers from Attorneys
Re: Question about changing my sons name
During a proposed name change for a minor, the petition must be brought by the minor�s parent(s). All adults who retain legal rights over the child must be given proper notice of the proposed action. Courts typically conduct hearings to determine whether the change of name is in the best interest of the minor and hear any objections,if any, which may be raised by said interested parties. If you would like prompt, affordable legal assistance in this matter, contact us directly for a free phone consultation.
Re: Question about changing my sons name
The first thing you will need to resolve is the jurisdiction issue. You may need a California court order allowing you to proceed in Missouri. Under California law a parent can apply for a name change of a minor child who resides in California. You will need to ask a Missouri lawyer whether the rule is the same there.
Re: Question about changing my sons name
You may file a Petition with the Court seeking a name change for your son. The father will be entitled to notice, and if his whereabouts are unknown, service may be had by publication. There will be legal fees, court costs, costs of publication and other expenses, but if it is worth the expense for you, you should be able to get the name change. Good luck.
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