Q: step son wants to change his last name to mine. His bio dad isn’t in the picture & his current last name is his moms
Can we change his last name to mine given that his current last name is his moms maiden name and the bio Dad does not have any custody?
A:
In California, changing your stepson's last name to yours is a process governed by legal procedures, even if his biological father is not present or does not have custody rights. The primary consideration is the best interest of the child, which includes ensuring the child's emotional and psychological well-being.
The first step involves filing a petition for a name change in your local court. This petition typically requires the consent of both parents listed on the birth certificate. However, if the biological father is not involved in the child's life and does not have legal custody, the court may consider waiving the requirement for his consent under certain circumstances. It's important to provide all relevant information regarding the father's absence and your relationship with the child.
You may also need to notify the biological father about the name change petition, depending on the specific circumstances and the court's requirements. This notification can be a crucial step in the process, as it gives the biological father a chance to object if he chooses. The court will then review the petition, taking into consideration the child's best interests, before making a decision. It is advisable to consult with legal resources or a professional experienced in family law to navigate this process effectively and to ensure that all legal requirements are met.
A: You can file a petition for name change, but bio dad has to be served with notice of the filing of that petition and he has a right to respond and/or object or oppose the petition. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.courts.ca.gov/documents/nc100info.pdf
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