Whose Last Name Will She Have?

[Youngmom]

What is the name of your state? California

I know there has been numerous threads on name changes but none really with my situation. My daughter is 2 years old and her father is just now doing something to get his name on the BC. My daughter has my last name. I want to know if he gets his name on the BC, will that mean that my daughter will have to take his name? Also since she has my last name and I am planning on getting married soon can I change her name when my last name changes? How does all this work?

 

[moburkes]

What is the name of your state? California

I know there has been numerous threads on name changes but none really with my situation. My daughter is 2 years old and her father is just now doing something to get his name on the BC. My daughter has my last name. I want to know if he gets his name on the BC, will that mean that my daughter will have to take his name? Also since she has my last name and I am planning on getting married soon can I change her name when my last name changes? How does all this work?

No, her name will not automatically change, but the father can ask the courts to have it changed. However, what is the likelihood that the father will allow his child to have your future husband's name. And, if you divorce him, will you expect your child to have the name of the next husband?

 

[LdiJ]

What is the name of your state? California

I know there has been numerous threads on name changes but none really with my situation. My daughter is 2 years old and her father is just now doing something to get his name on the BC. My daughter has my last name. I want to know if he gets his name on the BC, will that mean that my daughter will have to take his name? Also since she has my last name and I am planning on getting married soon can I change her name when my last name changes? How does all this work?

If dad wants her to have his last name, he would have to petition the court for that. It is not automatic. The court may or may not order that her last name be changed to his. The courts are generally fond of hyphenated last names as a compromise, ie Smith-Jones.

You will not be able to change her last name to your new husband's last name without dad's agreement (although there can be exceptions to that in extreme circumstances, as we know from one case here). Again, if you want your daughter to remain connected to you via last name, then you might consider hyphenating your last name when you marry, so that your maiden name is still part of your last name.