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Changing Child's Last Name if the Biological Father is Not in the Picture

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  • 01-30-2017, 11:45 AM
    jaysynsimpson
    Changing Child's Last Name if the Biological Father is Not in the Picture
    My question involves name change laws in the State of: Califonia

    Hello, My husband has been in my daughters life since she was 9 months old. This is the only father she knows. She is 8 and wants nothing more than to have the same last name as him. Her biological father is not on the birth certificate she has my step fathers last name and he has never once supported her. I do not know where he is at or how to get a hold of him. What steps do I have to take to change her last name. Or is adoption an available option for my husband?
  • 01-30-2017, 11:59 AM
    qwaspolk69
    Re: Changing Child's Last Name. Biological Father Not in the Picture
    Quote:

    Quoting jaysynsimpson
    View Post
    My question involves name change laws in the State of: Califonia

    Hello, My husband has been in my daughters life since she was 9 months old. This is the only father she knows. She is 8 and wants nothing more than to have the same last name as him. Her biological father is not on the birth certificate she has my step fathers last name and he has never once supported her. I do not know where he is at or how to get a hold of him. What steps do I have to take to change her last name. Or is adoption an available option for my husband?

    Adoption is an option - but you have to get your ex to sign over his rights if they have been established. It's also not a DIY thing. You need to find an adoption lawyer if you choose to go that road.

    Name changes of minors in CA:

    http://www.courts.ca.gov/1052.htm

    You have to serve the other parent of the child.
  • 01-30-2017, 12:51 PM
    jaysynsimpson
    Re: Changing Child's Last Name. Biological Father Not in the Picture
    Thank you for your reply What do you mean by if they have been established?
  • 01-30-2017, 01:55 PM
    readytoleave
    Re: Changing Child's Last Name. Biological Father Not in the Picture
    Did he establish his rights thru the court or by signinging an AOP?
  • 01-30-2017, 03:09 PM
    jaysynsimpson
    Re: Changing Child's Last Name. Biological Father Not in the Picture
    No, He has never established anything. I had to file for child support 5 years ago in order for her to get into a state assisted preschool, but nothing every came of it. I just needed to do that to prove we were not together. Other than that there is nothing stating he is her father.

    Out of curiosity if my husband wanted to fill out an AOP would he be able to?
  • 01-30-2017, 03:58 PM
    readytoleave
    Re: Changing Child's Last Name. Biological Father Not in the Picture
    Only if he is okay with committing fraud.

    I could be wrong, but by opening up the CS case, you have named him as the father, so he may need to be notified of any adoption proceedings or name changes. He will then have the opportunity to object.
  • 01-30-2017, 04:25 PM
    jaysynsimpson
    Re: Changing Child's Last Name. Biological Father Not in the Picture
    No we don't want to commit fraud. Haha that would be no good. Thank you so much for your insight
  • 01-30-2017, 08:23 PM
    Mercy&Grace
    Re: Changing Child's Last Name. Biological Father Not in the Picture
    Proving you and the child's father are not together is not he same as filing for child support. What do you mean by ""state assisted preschool"?
  • 01-31-2017, 07:36 AM
    jaysynsimpson
    Re: Changing Child's Last Name. Biological Father Not in the Picture
    where I was low income at the time and the state paid for her preschool. They made me go to the child support office and file as proof we weren't together.
  • 01-31-2017, 07:58 AM
    llworking
    Re: Changing Child's Last Name. Biological Father Not in the Picture
    Quote:

    Quoting jaysynsimpson
    View Post
    where I was low income at the time and the state paid for her preschool. They made me go to the child support office and file as proof we weren't together.

    Unless the state actually found him and served him paternity was not established.

    You really need a consult with a local adoption attorney. Its possible that the abandonment statutes in your state would allow your husband to adopt without actually having to find the biological father. You need an adoption attorney anyway as stepparent adoption is not a DIY project at all.
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