Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Marriage, Domestic Partnerships and Other Family Law Matters

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-27-2008, 01:16 PM
Junior Member
 
Join Date: Apr 2008
Posts: 2

Minor wants to change last name to mother's maiden name.


What is the name of your state? Arizona. My 13 year old has not has contact with or recieved support from her father in California for more than five years. He is not incarcerated, but he did some things in front of her when she was smaller to make her not want to be associated with him. Her paternal grandparents have ignored her, not even bothering to send her a birthday or christmas card in the last nine years. I have full legal and physical custody. Do I need to locate him and get his permission for her to change her name?What is the name of your state?
  #2  
Old 04-27-2008, 01:40 PM
Senior Member
 
Join Date: May 2002
Posts: 29,677
I suspect you know the answer is yes.
__________________
Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khaled Hosseini



*********
R.I.P. Penny.
8/12/97 - 11/12/09
She was a good hound,
and a good friend.
She will be missed.

*********
  #3  
Old 04-27-2008, 01:59 PM
Senior Member
 
Join Date: May 2004
Posts: 41,459
Quote:
Originally Posted by stealth2 View Post
I suspect you know the answer is yes.
While you are probably right, she does have full legal and physical custody, and he has been awol for 5 years. It wouldn't hurt to consult with a local attorney.
__________________
in vino veritas
  #4  
Old 04-27-2008, 02:14 PM
Senior Member
 
Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
[quote=azspring123;1908103]What is the name of your state? Arizona. My 13 year old has not has contact with or recieved support from her father in California for more than five years.
Quote:
He is not incarcerated, but he did some things in front of her when she was smaller to make her not want to be associated with him
.

So it was her choice, and you let her make that decision.

Quote:
Her paternal grandparents have ignored her, not even bothering to send her a birthday or christmas card in the last nine years.
Sorry to hear about that, but Grandparents are not obligated.
Quote:
I have full legal and physical custody. Do I need to locate him and get his permission for her to change her name?What is the name of your state?
As Stealth said: Yes you do.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #5  
Old 04-27-2008, 02:44 PM
Senior Member
 
Join Date: Apr 2007
Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
Quote:
Originally Posted by LdiJ View Post
While you are probably right, she does have full legal and physical custody, and he has been awol for 5 years. It wouldn't hurt to consult with a local attorney.
Doesn't make a difference where he's been for 5 years, nor that she has sole custody. The Family Code requires that he be notified, and if he cannot be found, then she notify the grandparents of the child.
__________________
Someone else sees it too:
Quote:
Originally Posted by sandyclaus View Post
CourtClerk is right.
  #6  
Old 04-27-2008, 05:09 PM
Senior Member
 
Join Date: May 2004
Posts: 41,459
Quote:
Originally Posted by CourtClerk View Post
Doesn't make a difference where he's been for 5 years, nor that she has sole custody. The Family Code requires that he be notified, and if he cannot be found, then she notify the grandparents of the child.
The family code in CA actually requires her to notify the grandparents if the father cannot be found? Wow, that's very different. In most states grandparents are not required to be notified even in the event of an adoption, let alone a name change.
__________________
in vino veritas
  #7  
Old 04-27-2008, 06:06 PM
Senior Member
 
Join Date: Apr 2007
Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
Quote:
Originally Posted by LdiJ View Post
The family code in CA actually requires her to notify the grandparents if the father cannot be found? Wow, that's very different. In most states grandparents are not required to be notified even in the event of an adoption, let alone a name change.
We are a different beast over here.... I tell you. Some things we do absolutely right. Other things, not so much .... or we're on the slow boat to change it.

For instance, while most states have had leglislation re: AOP and having a father's name on the birth certificate, CA has only required it since about 1997. 1996 they started enacting it though.

Now most people will go around (and in most cases it's not even a lie) say that they don't know who the grandparents are. Shoot, people don't even get to know the person they are swapping bodily fluids with, let alone their extended family
__________________
Someone else sees it too:
Quote:
Originally Posted by sandyclaus View Post
CourtClerk is right.

Last edited by CourtClerk; 04-27-2008 at 06:13 PM.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:03 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.