changing children name after marriage

[Pap1008]

What is the name of your state? CA

Hello,
We are a Swiss couple and we had 3 children before the marriage. The Swiss law gives the name of the mother to the 3 children because we were not married. My friend moved in California with the 3 children for professional reasons since 2003. In 2004 we married in Las Vegas and fact autentifier this marriage by the Swiss consulate. My question relates to the name of the children in California: Do my children automatically take the surname of the father as it is the case in Switzerland?
Which is the American law concerning this renaming?

Thank you for your assistance.
GreetingsWhat is the name of your state?

 

[JETX]

Do my children automatically take the surname of the father as it is the case in Switzerland?

No. Their name(s) remain as shown on their birth record (certificate).

Which is the American law concerning this renaming?

If you want to change a minor childs name, you have to file a legal proceeding.

Information at: http://www.scselfservice.org/probate/minor/NameChangeMinor.htm

 

[ceara19]

What is the name of your state? CA

Hello,
We are a Swiss couple and we had 3 children before the marriage. The Swiss law gives the name of the mother to the 3 children because we were not married. My friend moved in California with the 3 children for professional reasons since 2003. In 2004 we married in Las Vegas and fact autentifier this marriage by the Swiss consulate. My question relates to the name of the children in California: Do my children automatically take the surname of the father as it is the case in Switzerland?
Which is the American law concerning this renaming?

Thank you for your assistance.
GreetingsWhat is the name of your state?

Children are given whatever name the parents (mom if not married) put on the birth certificate. It doesn't even have to be the same as EITHER parent. The only way to change the child's name is to petition the court for the name change. I'm not sure if you could do this though because you are not a citizen.

If it is an automatic change according to the laws in YOUR country, you would follow that country's guidelines to make the change.

 

[JETX]

Children are given whatever name the parents (mom if not married) put on the birth certificate. It doesn't even have to be the same as EITHER parent. The only way to change the child's name is to petition the court for the name change. I'm not sure if you could do this though because you are not a citizen.

If it is an automatic change according to the laws in YOUR country, you would follow that country's guidelines to make the change.

Did you even READ the original post??

IF you had, you would understand that the childs names were determined by SWITZERLAND laws... in SWITZERLAND!!
And the OP only wants to know how to change their surname in the US!!!
Citizenship has NOTHING to do with this!!!

 

[ceara19]

Did you even READ the original post??

IF you had, you would understand that the childs names were determined by SWITZERLAND laws... in SWITZERLAND!!
And the OP only wants to know how to change their surname in the US!!!
Citizenship has NOTHING to do with this!!!

I read her post, did YOU?

I know the childrens' names were given to them in SWITZERLAND! She is not asking about how to obtain a name change for the children in the US. She wanted to know if the childrens' names are AUTOMATICALLY changed to that of the father if parents that were unmarried at the time of birth later MARRY, as is done in SWITZERLAND.

That's why I told her how children are named at birth in the US and what parents in the US would need to do inorder to change the birth name.

 

[JETX]

She is not asking about how to obtain a name change for the children in the US.

Yes, 'she' (who from the name 'Pap' is probably a 'he) is. HIS post says that they are now in the US. See where it says 'CA' in the location??

She wanted to know if the childrens' names are AUTOMATICALLY changed to that of the father if parents that were unmarried at the time of birth later MARRY, as is done in SWITZERLAND.

Yep. And I answered that question.... where you answered INCORRECTLY with "Children are given whatever name the parents (mom if not married) put on the birth certificate.".
That is NOT correct for SWITZERLAND, where the children were born. There, the children get the MATERNAL surname by law, not "whatever name" is put on the certificate!! Further, your post "It doesn't even have to be the same as EITHER parent."... is also wrong as it clearly IS the maternal surname if 'illegitimate' at birth in SWITZERLAND!!

That's why I told her how children are named at birth in the US and what parents in the US would need to do inorder to change the birth name.

But NONE of that is relevant to the questions asked. The OP simply wanted to know the process for LEGALLY changing the childrens names now that they are IN the US.

As for your post, "I'm not sure if you could do this though because you are not a citizen", that is ALSO false as citzenship has NOTHING to do with petitioning a court for a name change!!

 

[ceara19]

Yes, 'she' (who from the name 'Pap' is probably a 'he) is. HIS post says that they are now in the US. See where it says 'CA' in the location??

yes

Yep. And I answered that question.... where you answered INCORRECTLY with "Children are given whatever name the parents (mom if not married) put on the birth certificate.".
That is NOT correct for SWITZERLAND, where the children were born. There, the children get the MATERNAL surname by law, not "whatever name" is put on the certificate!! Further, your post "It doesn't even have to be the same as EITHER parent."... is also wrong as it clearly IS the maternal surname if 'illegitimate' at birth in SWITZERLAND!!

I wasn't explaining the naming process in SWITZERLAND. I was explain how it works in AMERICA, which is what the OP ASKED.

But NONE of that is relevant to the questions asked. The OP simply wanted to know the process for LEGALLY changing the childrens names now that they are IN the US.

That is NOT what the OP asked. The OP only asked what the naming procedures are in AMERICA and what the law was concerning changing the surname in California. They were not asking HOW to get the names changed, but if the California law REQUIRED it, like Switzerland does.

As for your post, "I'm not sure if you could do this though because you are not a citizen", that is ALSO false as citzenship has NOTHING to do with petitioning a court for a name change!!

That is why it reads, "I'M NOT SURE", had I been sure about this, I would left out the first 3 words.

 

[LdiJ]

What is the name of your state? CA

Hello,
We are a Swiss couple and we had 3 children before the marriage. The Swiss law gives the name of the mother to the 3 children because we were not married. My friend moved in California with the 3 children for professional reasons since 2003. In 2004 we married in Las Vegas and fact autentifier this marriage by the Swiss consulate. My question relates to the name of the children in California: Do my children automatically take the surname of the father as it is the case in Switzerland?
Which is the American law concerning this renaming?

Thank you for your assistance.
GreetingsWhat is the name of your state?

No, the children's surname does not automatically become the surname of the father. The surname of the children remains as the name they were given at birth.

If you wish to change the last name of the children, you must obtain an attorney to make a request to the court to change the last name of the children.

(and yes Jett, I know you gave her the same answer, but I wasn't sure she would understand)

 

[fairisfair]

I don't get it, if the children are SWISS citizens with SWISS birth certificates, and names given to them under SWISS law (new name old name) , what the heck would California be changing anyway???

 

[JETX]

I don't get it, if the children are SWISS citizens with SWISS birth certificates, and names given to them under SWISS law (new name old name) , what the heck would California be changing anyway???

Pretty simple... the parents have now married and they want the children to have the surname of their father... something they do NOT have now due to the laws in Switzerland (they currently have the maternal surname).

 

[fairisfair]

Pretty simple... the parents have now married and they want the children to have the surname of their father... something they do NOT have now due to the laws in Switzerland (they currently have the maternal surname).

Actually, according to the poster, it is something that they DO have under swiss law, as soon as they married the children took their father's surname.

 

[ceara19]

Pretty simple... the parents have now married and they want the children to have the surname of their father... something they do NOT have now due to the laws in Switzerland (they currently have the maternal surname).

Nowhere in the original post does the OP indicate that they WANT to change the children's name.

 

[JETX]

Actually, according to the poster, it is something that they DO have under swiss law, as soon as they married the children took their father's surname.

Jeeezes... must be a full moon. Why the hell do people insist on making a huge mountain out of a very simple issue??

Did you not understand that they got married in LAS VEGAS... AFTER leaving Switzerland. Their marriage in the US will NOT change the childrens Swiss birth certificates.... or their LEGAL names as shown on their visas, etc.

 

[stealth2]

Jet... may I offer you a Pineapple and Malibu Rum slushy? It will make all of this slip away very pleasantly.

 

[JETX]

Jet... may I offer you a Pineapple and Malibu Rum slushy? It will make all of this slip away very pleasantly.

I don't suffer ignorance or incompetence very well, do I??