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Changing my childs last name

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What is the name of your state (only U.S. law)? CA

How complicated is it to change my daughters last name? Those of you that know my story will understand that her father has thankfully stepped out of the custodial role yet he continues to retain legal rights.

I would like her to have my last name in order for us to "match".

What is happening is someone named "Mrs. Smith" called the school and stated that my daughter was being mistreated (I've been fighting false CPS reports for months) - because my child's last name is "Smith" the receiving party at the school paid attention to the phone call which perpetuated a meeting with myself and the teacher... They cause trouble with her doctor's office, her dance school and everywhere else by claiming to be me... my solution would be to change her legal last name - I've already armed these particular offices with a "code" that would certainly identify that if it is ME calling they will know... the entire situation is just bizzare and unneeded.. looking for a solution

Is this a process that I begin with Social Security or is there another motion that I need to file with the Superiour Court?
 


stealth2

Under the Radar Member
Unless Dad's rights have been terminated, you're going to need his consent. or a court order. Either way, he'll have to be served.
 
Thank you!

Served with what though? Are you familiar with the document needed? He has gone "underground" - (hiding from Child Support obligation) which means that even if I WANTED to serve him I could not... I am assuming that a public notice would have to be placed in substitution for personal service.. which I have no problem doing... he really has no interest in our daughter outside of causing trouble for me... he knows everything about us yet we know nothing about him... our next court date for the long cause hearing is in late January 09 (per his request) and until then he will more than likely continue to be underground....

I've combed the document thread provided and it's a little murky as to which form I would use.

PS... also... most of you know that I retained an attorney... 5,500 later I am out of my retainer fees yet am still in the same boat as far as no support from him and his continuing to cause us problems.... I am once again flying solo due to financial reasons (not even enough left in my retainer account for my attorney to show to the long cause hearing in January --- my ex managed to get 2 court dates continued after having my attorney with me for several hours...)
 
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CourtClerk

Senior Member
You're going to have to have him served with the name change documents, as well as (possibly) his parents. Publication is a given as it's required in all name changes in CA. However, if you're going to court in January, file the name change in December, send it to the newspapers and have him served in court with the name change petition.
 
Do you have the form number CC?

Thank you for the advice on having him served in court... my first thought was DUH!!!! Why didnt I think of that...

I'm a little confused on having to notify HIS parents... he uses his mothers maiden name and she has also refused any contact with my daughter... if I have to do this then I will - any "advice" on the protocol...

Phew... wasn't looking forward to propelling ANOTHER court date (specially since I complained so much about the court dates to begin with) however am pleased that we can piggy back at the Long Cause Hearing....

Thanks!
 

TinkerBelleLuvr

Senior Member
Changing your child's name isn't going to solve this problem.

Say that your name is Jones. Your child's name is Smith.

They say that they are Ms. Smith and there are problems with (enter it in.) What would stop them from calling in and saying that they are Mr or Mrs Jones? That will NOT stop the behaviour.
 
Question regarding Long Cause Hearing

My ex-husband and I are scheduled in late jan for this long cause hearing... I've come into an issue with my job and a conference which is simultaneously scheduled for the same date in Los Angeles. As the director of my college I must attend this 3 day conference to begin the process of accreditation for the campus... the next conference that will allow me to move forward with this process is not until October 2009.

Is it possible for me to request a continuance for this hearing? I need to purchase my conference items such as the seat charge, airline tickets... so on and so forth. If I were to request a continuance for this hearing will documentation of the conference be helpful for the judge to consider moving the date?

Also, after researching I'm finding not alot of information regarding the process of the long cause hearing... I've (due to financial strains) had to substitute back into this matter Pro Per -- will I need to bring witnesses and supporting evidence of my ex-husbands many false accusations regarding my parenting..? He's been very methodical with his actions - CPS reports, false child endangerment accusations (our police department stopped this with a premise history placed upon my residence because Jeff called them so many times at all hours of the day and night for child safety checks... each time our child was found to be perfectly safe... he was accumulating police reports )

Thanks for your help!
Yolanda
 

Zigner

Senior Member, Non-Attorney
If you truly cannot locate the father...and have used all reasonable means, it IS possible to effect service by alternate means (such as publication).
 

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