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  1. #1

    Default 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?

  2. #2
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Changing Child's Last Name. Biological Father Not in the Picture

    Quote Quoting jaysynsimpson
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    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.

  3. #3

    Default 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?

  4. #4
    Join Date
    Dec 2013
    Posts
    835

    Default 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?

  5. #5

    Default 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?

  6. #6
    Join Date
    Dec 2013
    Posts
    835

    Default 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.

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