Q: baby last name for a married couple in CA
If a married couple in CA have 2 different last names and can’t come to a conclusion on which last name to use for their child, what is the next step?
A:
I've been doing family law for about 35 years and this is the first time I've come across this as a sole litigation issue.
I'm assuming the child has not yet been born or there would already have been a selection of the last name for the birth certificate. Of course the easiest solution is to hyphenate the last names. If that is not an option then you need to figure some compromise that both of you like. If this is a problem at the start I shudder to think the problems this couple will face down the road.
I do not think this is one fray the courts are going to be anxious to enter, and not even sure what kind of action (nor the wisdom of it) one would file to address this as a sole issue. My suggestion is that the couple get into co-parenting counseling to learn how to work together on these kind of issues.
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