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  1. #1
    Join Date
    Dec 2016
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    6

    Default Changing My Son's Last Name from His Biological Father's

    My question involves name change laws in the State of: California ,
    I want to change my second sons last name to my husband due to his father not caring to be around. I had opened a case on him for child support about a year ago and also had requested for a restraining order due to him threatening me putting a machete to my son telling him it was for his dad (my husband) Stalking me at work and home. Going to my moms( where the kids stay while i am at work). I know he is not living where he was living when i filed for the child support and the restraining order case. The only number i had for him is no longer in service, i am scared that if i do find him or i advertise the change he will continue with the threats showing up and harassing my family. My husband is the only father my son knows hes been with us since my son was 5 months old

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Changing My Sons Last Name

    Judges are usually disinclined to use name changes to short cut parental rights or adoption. There's no way around this, the father will have to be served. You will have to go to court with a compelling demonstration that this change is in the best interest of the CHILD. The father is well within his rights to object. Just becasuet he father is absent, abusive, or whatever isn't itself a compelling argument.

    What it sounds like what you really want is a termination of parental rights. That's a different legal action.

    You should most likely consult a family law attorney.

    Anyhow here's the info on the minor name change: http://www.courts.ca.gov/1052.htm

  3. #3
    Join Date
    Dec 2016
    Posts
    6

    Default Re: Changing My Sons Last Name

    i understand i have to serve him but what if i have no way of contact i've gone to his last known address tried to look for him on social media, called the last known phone number and also gone to the last known employer

  4. #4
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: Changing My Sons Last Name

    Quote Quoting mculloa0905
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    i understand i have to serve him but what if i have no way of contact i've gone to his last known address tried to look for him on social media, called the last known phone number and also gone to the last known employer
    Looks like you have a problem. Read the rules of procedure.

  5. #5
    Join Date
    Dec 2016
    Posts
    6

    Default Re: Changing My Sons Last Name

    where can i find them?

  6. #6
    Join Date
    Dec 2013
    Posts
    835

    Default Re: Changing My Sons Last Name

    You need to only use one thread. You have two going for the same question, and it makes it confusing

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Changing My Sons Last Name

    Quote Quoting mculloa0905
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    where can i find them?
    Click through all the links on the page I sent you, the section on Service of Process explains how to do so by publication.

  8. #8
    Join Date
    Dec 2016
    Posts
    6

    Default Re: Changing My Sons Last Name

    it not same question it is two different situations my kids have different fathers with different situations on each end.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Changing My Sons Last Name

    Quote Quoting mculloa0905
    View Post
    it not same question it is two different situations my kids have different fathers with different situations on each end.
    How lovely.

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