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  #1  
Old 02-26-2005, 07:23 PM
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Names in California


What is the name of your state?My son just turned 17. On his birth certificate, I hyphenated his last name (myname-father'sname). However, because his father chose not to be part of his life, I've always had my son go by just my last name--in school, on my tax returns, at doctors' offices, etc. He has not yet gotten a driver's license. Will he be able to get one in the name he's always used--or will he have to use the name on his birth certificate, which he has never used? We live in Calfornia. Do I need to have his name changed officially? Any information would be appreciated.
  #2  
Old 02-26-2005, 07:46 PM
seniorjudge
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Q: Do I need to have his name changed officially?

A: I would certainly do that. It will cause less confusion later on in his life. Check with the court clerk in your local courthouse to see if you need a lawyer to do this. You may since he is a minor and his father will probably have to be notified.
  #3  
Old 02-26-2005, 07:50 PM
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Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by simrunner
What is the name of your state?My son just turned 17. On his birth certificate, I hyphenated his last name (myname-father'sname). However, because his father chose not to be part of his life, I've always had my son go by just my last name--in school, on my tax returns, at doctors' offices, etc. He has not yet gotten a driver's license. Will he be able to get one in the name he's always used--or will he have to use the name on his birth certificate, which he has never used? We live in Calfornia. Do I need to have his name changed officially? Any information would be appreciated.

My response:

One of the necessary documents to be presented to the DMV in California is a certified birth certificate. The driver's license will bear the name of the person on that certificate.

So, if you don't want the father's last name to be used, then you'll have to Petition the court for Name Change. Then, your son can bring his birth certificate AND the signed court order. The DMV will issue the license in the ordered name.

IAAL
  #4  
Old 02-26-2005, 08:44 PM
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Thank you both. One more question: I have no idea where my son's father is--I have not spoken to him or corresponded with him in over 10 years. I've long since lost any address or phone information. He may still be in California--or maybe not. Is there a particular procedure to follow to notify someone whose whereabouts are not known?
  #5  
Old 02-26-2005, 08:59 PM
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Location: Los Angeles, California
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Quote:
Originally Posted by simrunner
Thank you both. One more question: I have no idea where my son's father is--I have not spoken to him or corresponded with him in over 10 years. I've long since lost any address or phone information. He may still be in California--or maybe not. Is there a particular procedure to follow to notify someone whose whereabouts are not known?


My response:

Yes. After you declare to the court that you have made a diligent search for him, and to notify him of the proceedings, the court will order that your Petition be published in a newspaper of general circulation in, and around, his last known address.

If that doesn't give him notice, then the court will move ahead with your Petition without his input.

IAAL
  #6  
Old 02-26-2005, 09:54 PM
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Thanks again!
  #7  
Old 02-27-2005, 05:06 PM
seniorjudge
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Quote:
Originally Posted by simrunner
Thanks again!
You are welcome.
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