Page 1 of 2 1 2 LastLast
Results 1 to 10 of 17
  1. #1
    Join Date
    Apr 2017
    Posts
    4

    Default 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

  2. #2
    Join Date
    Jun 2010
    Posts
    671

    Default 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...

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  4. #4
    Join Date
    Apr 2017
    Posts
    4

    Default 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

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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

  6. #6
    Join Date
    Apr 2017
    Posts
    4

    Default 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

  7. #7
    Join Date
    Jun 2010
    Posts
    671

    Default 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.

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Last Name

    Quote Quoting jumanji
    View Post


    The court will take a dim view of the bolded.
    No, it won't.

  9. #9
    Join Date
    Mar 2016
    Posts
    2,289

    Default 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.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Heirs and Beneficiaries: Inheritance Rights When a Deceased Spouse Has Children from a Prior Marriage
    By lawfacts in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 02-20-2017, 01:32 PM
  2. Calculation of Support: Calculation of Child Support With Children from a Prior Marriage
    By lawfacts in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 12-17-2016, 08:55 PM
  3. Presumption of Paternity: Can You Seek Paternity of Children Born to a Married Mother, Husband is Legal Father
    By T0702 in forum Paternity Law
    Replies: 6
    Last Post: 02-29-2016, 02:12 PM
  4. Survivors Benefits: Survivor Benefits for the Spouse of a Widower With Children from a Prior Marriage
    By gnimelflr in forum Social Security Law
    Replies: 2
    Last Post: 11-19-2015, 02:04 PM
  5. Caregivers: Rights of Spouse vs. Children from a Prior Marriage
    By Linda88 in forum Disability and Elder Law
    Replies: 10
    Last Post: 05-10-2013, 04:58 AM
 
 
Sponsored Links

Legal Help, Information and Resources