Legal Question in Family Law in Ohio

Re: Can a child's name be changed without father's consent?

You don't say how long the child has been living in Ohio.

Assuming the original judgment was in CA you can file a motion here to prevent the use of the other name and to modify visitation, if you wish.

If the child has been in Ohio for a while, the mother can seek to have the CA judgment entered there and then that all issues re: visitation be heard by the Ohio courts. But right now, CA is and will remain the decree state and you can file here.

As far as the use of the name, our court's sometimes allow that to happen. Don't know about Ohio.

Re: Can a child's name be changed without father's consent?

you should go back to court and get a restraining order to stop the use of the other name. you would file where the original divorce took place.

Re: Can a child's name be changed without father's consent?

Firstly, California is the decree or continuing jursidiction state since your husband, the father, still lives here. The mother has not legally changed the name, probably, just using the step-father's name without a court order. If she did try to change the name legally, she would ordinarily have to give father notice, however, she is in another state and they may have different rules there. If you are concerned about the use of another name, you must seek relief via motion or Order to Show Cause in California to prevent the use of the name. When take that action, you may want to make other changes to the custody/visitation plan [such as allowing more time for the child to visit in this state.] You should seek further advice from a California attorney.