Info Needed on Changing a Minor's Last Name Legally

Updated on April 17, 2008
T.C. asks from North Hollywood, CA
5 answers

i need some advice on how to change my oldest son's last name. my husband wanted to adopt my son , but everything that is required to do that is going to take a very bad emotional toll on my son who has never met his biological father , and the law states that we would have to contact him to sign his rights off , if we do this it will be a bad idea, this man's family is very vindictive and would probably cause us harm in the process, my son is 11 1/2 years old and while i havent changed my last name to my husbands last name,its something i want to do and my son would like his last name to reflect that as well, my husband has raised him his whole life since he was 10 months old, can anyone offer any advice on how to change his name, which is my maiden name, instead of going through the other process, or maybe the legal age of when a minor can make that decision himself, no one seems to be able to get me straight answer and i cannot afford a lawyer.

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M.B.

answers from Los Angeles on

Since you can't afford a lawyer, you're going to have to dig a little deeper on-line for the information. From what I understand, yes you do have to contact the bio-dad to sign the papers or post a public notice in a newspaper (i'm not sure which or where) but why does your son need to be involved? Why would they need to see each other? You and your husband are doing a wonderful thing. You should change your last name then too, show your son that this is his family.
Best of luck.
M

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C.C.

answers from Los Angeles on

I did the same thing when I was 16, my mom went to a paralegal office, I did have to go to court to say that I wasnt running away from the cops or anything and it costed about 300.00
To make a long story short it was the best graduation present ever because I got my name shanged right before the yearbooks were printed!

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A.C.

answers from Santa Barbara on

A relative of mine works for a family law judge and researched the State of CA bylaws for you, I hope this answers your questions:)

NOTE: When a Petition for Change of Name has been filed for a child and the other parent, if living, does not join in consenting to the name change, the petitioner must have a notice of the time and place of the hearing or a copy of the Order to Show Cause served on the other parent not less than 30 days prior to the hearing under Code of Civil
Procedure section 413.10, 414.10, 415.10, or 415.40. If a petition to change the name of a child has been filed by a
guardian, the guardian must (1) provide notice of the hearing to any living parent of the child by personal service at least 30 days before the hearing, or (2) if either or both parents are deceased or cannot be located, serve notice of the hearing on the child's grandparents, if living, not less than 30 days before the hearing under Code of Civil Procedure section 413.10, 414.10, 415.10, or 415.40. (This Note is included for the information of the petitioner and shall not be included in the Order to Show Cause published in the newspaper.)

Cost is $320.00 or you may qualify for a fee waiver, here are the requirements :

http://www.courtinfo.ca.gov/forms/fillable/fw001info.pdf

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D.V.

answers from Los Angeles on

Hi T., from what I understand you have to contact the father not his family if you have his address or post it in a ficticious ad for 3 months in the paper to see if anyone responds to try to stop the name change. If no response is made then he can change his name. He can legally change his name at 18 . This might even be able to do now because he is at an age where he can explain this to a judge himself. Have you tried talking to a free legal clinic to see if they can help you. I hope this helps a little.

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J.S.

answers from Los Angeles on

go to handelonthelaw.com or try legalzoom.com to find answer and maybe cheap council.

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