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Adoption necessary to change last name?

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charielle

Junior Member
CALIFORNIA

I recently married and want to change my 3 year old son's last name to my husband's last name. Currently, my son has my maiden name (as is listed on his birth certificate). His biological father has never been in the picture, we were never married, his name is not listed as the father on my son's birth certificate, but I do have an open child support case. However, child support has not yet been established because the father has not been located.

1) How do I file documents to change my son's last name? (I know my husband can legally adopt him, but is there a way to change the last name without adopting him?)

2) If I am able to change my son's last name, will he still be entitled to child support from his biological father?

3) Will adding my son's biological father's name to his birth certificate be of any advantage? If so, how can I do that now?
 


nextwife

Senior Member
Umm, how about giving your marriage some time before you try to make your brand new husband financially responsible for your child?

Yes, with a court order, you can do a name change without an adoption. The biodad would then still be the one responsible for CS.
 
I live in CA; when my SD moved with us she had her mothers last name. We filed a petition to have it changed. I found a nolo law book at the library which explained the details. The only catch is you have to serve the NCP with the paperwork. We got the NCP to agree to the change by using her last name as part of my SD middle name. If you can not find the NCP I think the court can over rule this, but it is probably a longer proccess and you have to prove you cant find him. But if the DCSS cant find him then I don't know how they can expect you to know where he is. Try the NOLO book, it was a big help to me. I think it was called changing you name. It had a section on childrens name
 

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