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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.
  • 04-20-2017, 11:44 AM
    Frisbee
    Re: Last Name
    No I've know them for three years prior to us getting together
  • 04-20-2017, 12:29 PM
    vadad1
    Re: Last Name
    Quote:

    Quoting Frisbee
    View Post
    No I've know them for three years prior to us getting together

    It doesn't actually matter how long you've known them for. It doesn't matter if you are the greatest stepfather in the world. It doesn't matter if you poured your heart and soul and raise them up as your own. It doesn't matter if you support them financially 100% because the dad is a deadbeat as you claim. Your two options are you have the mom try to get a court order to change the names and watch it get dismissed in court if the father objects or wait until the children are old enough (I believe 18) and they can as adults change their last name should they wish, if you are still around in their lives by then, and if they actually feel like they want to by that point.
  • 04-20-2017, 01:12 PM
    jk
    Re: Last Name
    Quote:

    Quoting adjusterjack
    View Post
    No, it won't.

    Actually some courts do have a big problem with the children calling a stepparent mom or dad, especially if it appears the intent of the parent is to usurp the role of the legal parent.
  • 04-20-2017, 02:12 PM
    flyingron
    Re: Last Name
    Quote:

    Quoting jk
    View Post
    Actually some courts do have a big problem with the children calling a stepparent mom or dad, especially if it appears the intent of the parent is to usurp the role of the legal parent.

    I've never seen it being a problem unless the actual "dad" complains.
  • 04-20-2017, 02:15 PM
    Mr. Knowitall
    Re: Can a Mother Use Her Married Name for Children From a Prior Marriage
    Quote:

    Quoting Frisbee
    View Post
    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. Without going to court until they are actually of age to change it themselves

    If your spouse uses a name for the kids other than their legal name, she will encounter limits -- it is unlikely that the school will allow enrollment except under the children's legal name, or that they would be able to get ID under anything but their legal name.

    Any legal name change must be made by a court, and the father is entitled to notice of any name change petition. If the father objects to a name change, the court will require proof that the name change is in the best interest of the children. Contrary to what is suggested above, the mother will not automatically lose if the father objects.
  • 04-20-2017, 03:59 PM
    jk
    Re: Last Name
    Quote:

    Quoting flyingron
    View Post
    I've never seen it being a problem unless the actual "dad" complains.

    I know of a current situation where the gal who is involved has made note of the practice and commented that it should not be practiced. The judge is free to use the recommendation or not obviously . While it was not the biggest problem in the overall situation, it was mentioned by the judge that the children should not be calling a stepparent mom or dad.

    I suspect the mom or dad did express their dislike for the practice but can't say with any certainty.
  • 04-21-2017, 04:11 AM
    llworking
    Re: Last Name
    Quote:

    Quoting flyingron
    View Post
    I've never seen it being a problem unless the actual "dad" complains.

    Well of course its not a problem unless the actual dad complains. The court would have no reason to even know that a child calls a non-parent mom or dad unless the parent actually complains/objects.
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