Baby's last name

[PotreroHill]

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

Background: I filed for divorce in December. My soon to be ex-husband and I separated before I knew I was pregnant. He told me many times during the pregnancy that he did not want to be a father if we were not married. He said he would move to another country and he did not want to be involved in the child's life. Near the end of the pregnancy, he did a 180 and said the wanted 50-50 custody from birth on. Baby was born in March and Daddy has been involved in baby's life.

I applied to have my name legally changed in January. My name was officially changed in mid March. The name I changed it to was not my maiden name (which I hated) but a name that I liked. Baby was born shortly before my name was changed legally. I gave baby my new last name before I had it, because I had my court date to change mine in a matter of days. I gave baby that name due to my ex saying so many times that he doesn't want to be involved. Yes, he is involved now but he is so flaky that I don't feel I can depend on him long term.

Anyway, ex is having a coniption that baby has my last name. He is enraged that baby doesn't have his last name and basically feels that baby should have daddy's name only. He is trying to figure out if he can change baby's last name.

I read that the procedure for the name change of a minor is similar to that of an adult with the exception that the other parent has to sign the papers approving the name change or a judge can rule to change the name if it's in the best interest of the child. Is this correct? Is it considered to be the best interest of the child to have both names?

 

[Proserpina]

You have a tiny baby.

If Dad goes to court to have the baby's name changed I cannot see a judge ruling against him.

 

[CourtClerk]

And the procedure to change a child's name doesn't have to be the same as an adult. Dad can request to have the child's name changed with a custody petition. No publication necessary (as is with an adult).

 

[PotreroHill]

And the procedure to change a child's name doesn't have to be the same as an adult. Dad can request to have the child's name changed with a custody petition. No publication necessary (as is with an adult).

Actually, that's not true. Publication is a required step.


California Name Change Requirements

Overview of Process in California for a Minor

Here are the basic steps involved in changing a child�s name:

* Fill out the simple, Adobe .pdf fillable forms included within our product;
* Print the forms and file them with your local Superior Court;
* Pay the filing fee;
* Make arrangements to publish in your local newspaper a notice of the proposed name change;
* Notify interested parties (service of process);
* Appear in person before the court if necessary (this step is normally not necessary; however, some cases may involve a hearing).

 

[Proserpina]

Actually, that's not true. Publication is a required step.


California Name Change Requirements

Might want to reread your own post there....

 

[CourtClerk]

Actually, that's not true. Publication is a required step.

Actually my dear, no it's not. Not if done as part of a CUSTODY SUIT. I promise you, I know MUCH more about CA procedure than you do. If you don't believe me, why don't you go read a custody petition yourself. There is a section for changing the child's name. No publication necessary.

One, I work in this area
Two, I've done it personally

 

[PotreroHill]

Might want to reread your own post there....

I don't know what you mean. Can you please explain?

 

[PotreroHill]

Actually my dear, no it's not. Not if done as part of a CUSTODY SUIT. I promise you, I know MUCH more about CA procedure than you do. If you don't believe me, why don't you go read a custody petition yourself. There is a section for changing the child's name. No publication necessary.

One, I work in this area
Two, I've done it personally

We have already worked out custody.

There's no way the judge is going to change baby's last name to only ex's. At worst, the judge will hyphenate it.

 

[Proserpina]

We have already worked out custody.

There's no way the judge is going to change baby's last name to only ex's. At worst, the judge will hyphenate it.

Oh, really?

If you're so sure of this - why exactly are you here?

(clue: you're dead wrong)

 

[CourtClerk]

We have already worked out custody./quote]
And until the child turns 18, the court retains jursidiction. That means, he can request whatever he wants to until age 18.

There's no way the judge is going to change baby's last name to only ex's. At worst, the judge will hyphenate it.

What gives you that impression? Where do you get your stats from? I'd hate for you to come back here and be horribly disappointed.

 

[PotreroHill]

Oh, really?

If you're so sure of this - why exactly are you here?

(clue: you're dead wrong)

Why would my ex have more right to give the child that I do? That is completely sexist that a child should have a father's last name.

 

[CourtClerk]

Why would my ex have more right to give the child that I do? That is completely sexist that a child should have a father's last name.

You're absolutely right. You know everything. I don't even know why you came here to ask. You already had all the answers.....

FOCUS

 

[PotreroHill]

You're absolutely right. You know everything. I don't even know why you came here to ask. You already had all the answers.....

FOCUS

I'm asking a legitimate question. I'd appreciate an answer.

 

[Proserpina]

I'm asking a legitimate question. I'd appreciate an answer.

You've GOTTEN answers.

Just because you don't like them doesn't mean they're not legitimate.



Court Clerk is - guess what? - an actual COURT CLERK. You would do well to heed CC's advice.

And FOCUS.

What's really important here? Your sense of oneupmanship over your ex?

Or what's in the best interest of your (very young) child?

 

[PotreroHill]

No, I haven't received an answer.

This is my question: Why would the court change the last name of a child from the mother's to only the father's? Please tell me the family law code that supports this.