Help With Changing Daughters Last Name, In California

[brite1914]

My question involves name change laws in the State of: California

Hey there - I have a 5 year old daughter - her deadbeat hasn't been in the picture since she was 6 months old and even then was just visiting from AZ - there has been no support or anything if that makes a difference -

She was born and raised here in CA - I got married two years ago and since then my daughter has claimed him (my husband) as her father - we want to start the adoption process but I'm looking for an "easier" way just for now.


Her deadbeat has already given consent (in the form of a letter that we have) for us to start the adoption process - letting us know that he wants NOTHING to do with her or myself....

**So my question is - can I just go down and change her last name and not have to go through all the paper work for the adoption or will the process and money be the same???***

Thank you!!

[panther10758]

Go to Family Law courthouse and ask for paperwork for Termination of parental rights. This will officially end Fathers rights to child. Since Father already agrees this should be fairly simple. The court usually has a facilitator at courthouse who can help you with paperwork. He/she does not give legal advice! Once the TPR has been ordered you can begin adoption process and eventually change child's name. However I would advise you to seek help from an Attorney as mistakes can seriously delay process

[CourtClerk]

Go to Family Law courthouse and ask for paperwork for Termination of parental rights.

She will find no such paperwork at the Family Law Courthouse. It doesn't exist on its own.

The court usually has a facilitator at courthouse who can help you with paperwork.

Not with a TPR

He/she does not give legal advice!

Yes, he/she does.

Once the TPR has been ordered you can begin adoption process and eventually change child's name.

She can change the child's name without the TPR by just doing a legal name change, which might I add will be significantly cheaper than an outright adoption.

However I would advise you to seek help from an Attorney as mistakes can seriously delay process

Yep.

OP... You need to decide what you want to do... be it an adoption or just a name change. A name change will cost you $320 plus publication fees. An adoption... much more than that, but that depends on how involved (legally) your husband would like to be in your child's life. At this point, he has no legal standing if something were to happen to you, however, if he were to adopt her, then he would be dad, and not just some man you married. That's something to think about.

With a name change (only) your daughter's father still has his legal rights intact and he has the ability to come in and out as much as he pleases. Not that I condone TPR's just for the heck of it, but an adoption may be the smarter way to go, especially if your ex is consenting.

By the way, he is not your child's deadbeat, he's yours. You chose him.

[brite1914]

Thanks for the replies they are somewhat helpful!!


I do have to say that he IS just a sperm donor....we did the deed - I got pregnant I moved to CA to be with my family he said he wanted nothing to do with my family - my parents convienced him to come visit her when she was six months old - and then after two days he left saying he still wanted NOTHING to do with us...he's never helped with ANYTHING for her .... neither him nor his family has made any attempt to contact my child - they have ALL the addresses/phone numbers but have chosen not to .....

He's never paid child support even when the state "tried" to find him....ect... and we were never married - so yes - he is a deadbeat - and yes I slept with a man and made my child but really at least I kept my child -


I already know that the adoption will only cost us $250.00 - just seeing if I can change her name NOW and do the adoption later (school is starting in the fall .... don't want to deal with legal last name issues)

[CourtClerk]

I already know that the adoption will only cost us $250.00 -

I'm not sure WHO gave you that information, but they were completely wrong. A petition for a step-parent adoption (in CA) will cost you about $20, and the costs for a step parent adoption are up to $700, not $250 as prescribed by the family code (9002). You may want to do a little research and not go into this thinking you already know everything and have all the answers.

9002. In a stepparent adoption, the prospective adoptive parent is
liable for all reasonable costs incurred in connection with the
stepparent adoption, including, but not limited to, costs incurred
for the investigation required by Section 9001, up to a maximum of
seven hundred dollars ($700). The court, probation officer,
qualified court investigator, or county welfare department may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parent detrimental to the welfare of the adopted child.

[panther10758]

She will find no such paperwork at the Family Law Courthouse. It doesn't exist on its own.

Not with a TPR

Yes, he/she does.

She can change the child's name without the TPR by just doing a legal name change, which might I add will be significantly cheaper than an outright adoption.

Yep.

OP... You need to decide what you want to do... be it an adoption or just a name change. A name change will cost you $320 plus publication fees. An adoption... much more than that, but that depends on how involved (legally) your husband would like to be in your child's life. At this point, he has no legal standing if something were to happen to you, however, if he were to adopt her, then he would be dad, and not just some man you married. That's something to think about.

With a name change (only) your daughter's father still has his legal rights intact and he has the ability to come in and out as much as he pleases. Not that I condone TPR's just for the heck of it, but an adoption may be the smarter way to go, especially if your ex is consenting.

By the way, he is not your child's deadbeat, he's yours. You chose him.

Last time I was in Family Law court building all those things existed to some degree I guess things have changed. thank you for correcting my boo boo CC. Its been several years since I was in Family Law court.