What is the name of your state? CA
I have a friend who recently married. She has a son, he is 13 years old. Can she change his last name to her new married name without her new husband adopting the child? Any advice you can offer is very much appreciated.
Thanks
Jenn
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My response:
The "surname" of the children may be a point of friction, or may become a point of friction in later years (particularly if a custodial mother remarries). A provision requiring the minor children to bear the father's surname (or another specified surname) on all school records and other legal documents, and precluding the custodial mother from changing their surname to her maiden name or future married name, might therefore be desirable.
(If the parents cannot reach agreement on this point, surname issues are decided under the general "best interests" standard applicable to custody disputes. See Marriage of Schiffman (1980) 28 Cal.3d 640, 647, 169 Cal.Rptr. 918, 922; Marriage of McManamy & Templeton (1993) 14 Cal.App.4th 607, 609, 18 Cal.Rptr.2d 216, 217
Therefore, when the parents contest the surname issue, the sole consideration is the child's best interest. [Marriage of Schiffman, supra, 28 Cal.3d at 647, 169 Cal.Rptr. at 922; see Marriage of McManamy & Templeton (1993) 14 Cal.App.4th 607, 609, 18 Cal.Rptr.2d 216, 217]
Factors to consider in determining the child's best interest on the surname issue include:
• the length of time the child has used the existing surname;
• the effect of a name change on preservation of the child's relationship with the other parent; and
• an identification of the child as part of a family unit. [Marriage of Schiffman, supra, 28 Cal.3d at 647, 169 Cal.Rptr. at 922-923; see Marriage of McManamy & Templeton, supra, 14 Cal.App.4th at 609-610, 18 Cal.Rptr.2d at 217]
The court will also balance the "symbolic role that a surname other than the natural father's may play in easing relations with a new family" against "the importance of maintaining the biological father-child relationship"; and will evaluate the "embarrassment or discomfort that a child may experience when he [or she] bears a surname different from the rest of his [or her] family . . ." [Marriage of Schiffman, supra, 28 Cal.3d at 642, 169 Cal.Rptr. at 923 (brackets added); see Marriage of McManamy & Templeton, supra, 14 Cal.App.4th at 610, 18 Cal.Rptr.2d at 217]
IAAL
