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Changing My Daughter's Name in California

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  • 06-26-2008, 10:58 AM
    mzdelight
    Changing My Daughter's Name in California
    My question involves name change laws in the State of: CALIFORNIA

    hey everyone!
    I have a weird situation. I am probably just making it more difficult for myself, but anyways. I have a daughter who is almost 5 yrs. Her father has not been around for 2 yrs, I am not trying to change her last name, because I have read the hassle you need to go through. I am curious to see what would happen if I started to use her middle name as her first, example: I just start putting it on her school papers, doctors offices, etc. What would be the long term effect of doing this. Everyone has always called her by her middle name since she was born, as have I. The reason we didnt put it as her first was because the father preferred that all his kids have his same initials, so i went ahead and let him have it his way, but even he used her middle name as well. And since I'm on this subject, even though she's young, she said she would like to have my last name (which is my married name) can I also start to use this new last name?

    I read or heard somewhere about usage, where if her middle name is used enough and constantly, it automatically changes. Now is this true or was I mistaken? I would think to finalize her name change would be through court etc, but I dont have the money for that right now, plus the newspaper announcements you need to have.

    Please help! Anything is greatly appreciated.
  • 06-26-2008, 11:59 AM
    panther10758
    Re: Daughter's Name in California
    It sher "legal" name that belongs on many documents. What people call her or she cooses to put on non legal papers is up to you and her. Example years ago when my Ex and I were still together her daughter (who called me Dad) wanted her last name to be same as her Mother's and brother's. Well we couldn't go to trouble and expense to change her name but her schooled allowed her to use my last name. Nothing on any offcial documents were changed just schoolwork etc. I realize that probably not what yuor looking for.
  • 06-26-2008, 01:20 PM
    mzdelight
    Re: Daughter's Name in California
    No, thank you, any reply does help me. I guess I'm just trying to find out all the alternatives and also all the effects.

    So if anyone else has more input, please by all means :) it is greatly appreciated!
  • 06-26-2008, 03:59 PM
    Baystategirl
    Re: Daughter's Name in California
    Quote:

    Quoting panther10758
    View Post
    It sher "legal" name that belongs on many documents. What people call her or she cooses to put on non legal papers is up to you and her. Example years ago when my Ex and I were still together her daughter (who called me Dad) wanted her last name to be same as her Mother's and brother's. Well we couldn't go to trouble and expense to change her name but her schooled allowed her to use my last name. Nothing on any offcial documents were changed just schoolwork etc. I realize that probably not what yuor looking for.

    I have to correct this. If the OP were to start using step-fathers last name for her daughters school, the father could file a motion for a change of custody based on alienation. Big no-no.

    The child's name is the child's name. Period.
  • 06-26-2008, 04:07 PM
    aaron
    Re: Daughter's Name in California
    If the biological father hasn't been around for two years, it wouldn't be the use of a different surname that caused any "alienation". But that's beside the point, as we're talking about the use of a middle name instead of a first name.

    The only way to formalize a name change is through a court. If she uses a different name - the name she's been called since birth, even when the biological father was in the picture - that shouldn't be an issue. But as panther10758 indicated, you should (and will probably be required to) use the child's legal name on any school documents. Even if the school allows otherwise, and they probably won't, it can create trouble down the road if (for example) her school records don't match her legal name.
  • 06-26-2008, 04:08 PM
    panther10758
    Re: Changing My Daughter's Name in California
    Of course in my case Bio Dad didnt care and played no role in child's life. My mistake thank you for correcting it
  • 06-26-2008, 09:03 PM
    CourtClerk
    Re: Changing My Daughter's Name in California
    I know someone who's family did just what you, OP are contemplating doing. Didn't initially cause a problem. However, now she's an adult, with a job that required both a passport and a security clearance. Couldn't get either. You know why? Her MOTHER decided she liked her middle name better than her first name and used it all through her life. She couldn't get her passport because her legal name and the name on every document she possessed didn't match. She had issues with the security clearance because her names didn't match. She couldn't prove WHO she was because all of her school records said one thing and her birth certificate (the legal recording of her existance on this earth) said something else.

    So... either go through the "hassle," or don't potentially screw up your child's life intentionally.
  • 06-27-2008, 09:40 AM
    mzdelight
    Re: Changing My Daughter's Name in California
    THANK YOU to everyone taking the time to reply. It does make sense to keep using her legal first name, I guess we will just specify to the schools to call her by her middle name, but not make the change on papers, just verbal. When I have the money I will change it legally, to avoid her any hassle when she is older.

    The thought of using my married name for her, only came up when she asked, but other than that I never thought about it, since that is her bio father's name. When she is older and wants to change, thats up to her.

    Thank you all for your input and time. Greatly appreciated! :D
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