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Can a Mother Use Her Married Name for Children From a Prior Marriage

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  • 04-20-2017, 10:00 AM
    Frisbee
    Can a Mother Use Her Married Name for Children From a Prior Marriage
    My question involves name change laws in the State of: California

    Can my wife's two daughter legally go by my last name? As they wish to have the same last name as us and not their fathers. With out going to court until they are actually of age to change it themselves
  • 04-20-2017, 10:05 AM
    jumanji
    Re: Last Name
    Quote:

    Quoting Frisbee
    View Post
    My question involves name change laws in the State of: California

    Can my wife's two daughter legally go by my last name? As they wish to have the same last name as us and not their fathers. With out going to court until they are actually of age to change it themselves

    Nope. If Dad doesn't consent, Mom has to take it to court. You and Mom are free to change your last names, though...
  • 04-20-2017, 10:15 AM
    Dogmatique
    Re: Last Name
    Quote:

    Quoting Frisbee
    View Post
    My question involves name change laws in the State of: California

    Can my wife's two daughter legally go by my last name? As they wish to have the same last name as us and not their fathers. With out going to court until they are actually of age to change it themselves

    If you'd all like the same last name, perhaps you could change your names to theirs. Much easier to do as adults.

    Quote:

    Quoting Frisbee
    View Post
    Father is a dead beat with a R.O with domestic violence

    And you're overstepping your role.
  • 04-20-2017, 10:24 AM
    Frisbee
    Re: Last Name
    How am I overstepping if this is what they all want and have called me Dad from day one who are you to say
  • 04-20-2017, 10:28 AM
    jk
    Re: Last Name
    Their mother can file to change their names in court. Its not likely to be well received though as it is seen as attempting to remove their father through covert means.


    If dad is do horrible mom can seek to terminate parental rights. You could then seek to adopt them and change their name to match yours b
  • 04-20-2017, 10:33 AM
    Frisbee
    Re: Last Name
    Mom has sole custody by courts and half legal custody amongst other strict visitation for father, should be to hard through the courts thanks
  • 04-20-2017, 11:15 AM
    jumanji
    Re: Last Name
    What are their ages, and how long are you in the picture? Not that it matters if Dad doesn't consent...

    Quote:

    Quoting Frisbee
    View Post
    How am I overstepping if this is what they all want and have called me Dad from day one who are you to say

    The court will take a dim view of the bolded.
  • 04-20-2017, 11:24 AM
    adjusterjack
    Re: Last Name
    Quote:

    Quoting jumanji
    View Post


    The court will take a dim view of the bolded.

    No, it won't.
  • 04-20-2017, 11:26 AM
    qwaspolk69
    Re: Last Name
    Quote:

    Quoting Frisbee
    View Post
    How am I overstepping if this is what they all want and have called me Dad from day one who are you to say

    You are overstepping. Day one of what? When you met their mom? Legally you're a stranger and you can't do anything. Mom can file to change it but she has to notify the dad. Dad might be a deadbeat but that really doesn't matter legally. Lots of deadbeat dads and moms are out there in the world.
  • 04-20-2017, 11:27 AM
    flyingron
    Re: Last Name
    The court doesn't care who the kid's call daddy. The fact is, legally you are not, and they aren't likely to find the name change in the best interests of the child, especially in light of the objection of the legal father. As stated, the courts are disinclined to use a minor name change as an end run around a proper paternity/adoption procedure.
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