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  1. #1
    Join Date
    Mar 2017
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    2

    Default How to Change the Surname of a Child to the Name of the Mother's Husband

    My question involves a child custody case from the State of: California.

    My Wife had an affair 5 years ago resulting in the birth of a child that I've raised as my own since day 1. The biological Father is not on the birth certificate and is not present in the child's life at all. My Wife used her maiden name as our child's last name on the birth certificate.
    Our child refers to me as her dad and we are anticipating the day when we sit down to explain everything. Meanwhile, we would like for her to have the same last name as we do.

    There will be no contest from the biological Father.

    How can I proceed with having our child's last name changed?

    Kind regards,

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Change the Surame of a Child to the Name of the Mother's Husband

    Who is on the child's birth certificate as the legal father? Were the mother and her husband married when the child was born -- that is suggested by the word "affair", but if so why didn't the husband have himself named on the birth certificate base upon his being the presumed father? Where is the biological father now, and what is his involvement with the child?

  3. #3
    Join Date
    Mar 2017
    Posts
    2

    Default Re: How to Change the Surame of a Child to the Name of the Mother's Husband

    Thank you for the quick response. No one is listed as the legal father on the birth certificate. My wife and I have been married for over 15 years, but we were estranged during the birth of our child and unfortunately, I was not present at the actual birth to have signed the BC. The biological father has absolutely no involvement with the child and does not contribute monetarily whatsoever.

    Thanks again!!

  4. #4
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: How to Change the Surame of a Child to the Name of the Mother's Husband

    Quote Quoting fugginaright
    View Post
    Thank you for the quick response. No one is listed as the legal father on the birth certificate. My wife and I have been married for over 15 years, but we were estranged during the birth of our child and unfortunately, I was not present at the actual birth to have signed the BC. The biological father has absolutely no involvement with the child and does not contribute monetarily whatsoever.

    Thanks again!!
    If you were married to her when that child was born legally you are the father. If he wants no involvement and has said he won't contest it you should be able to change it.

    http://www.courts.ca.gov/1052.htm

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