How do I add my last name to my child’s as part of my divorce in California? Tried the normal route and told wrong venue

Question

Followed all the steps for child name change: I filed, served (the father,) paid to have printed in the newspaper and appeared in court but was told by the judge it was the wrong venue due to the fact that I am also going through a divorce. so my question is do I fill out the civil name change packet again and just write in my divorce case number and file it into the Family Law courts or is there a particular/specific FL form or attachment needed to add it as part of my divorce?

James L. Arrasmith · Answer

In California, when you are going through a divorce and want to change your child's last name, you need to handle it within the context of your divorce proceedings in Family Court. Since you were informed that the civil court was the wrong venue, you should address this matter directly in your divorce case. You won't need to fill out the civil name change packet again. 
 
Instead, you can file a request within your ongoing divorce case to include the child's name change as part of the orders the court will issue. You can use a Request for Order (Form FL-300) to request the name change, explaining why it is in the best interest of the child. Make sure to reference your divorce case number on all documents and forms you submit. 
 
Additionally, it is a good idea to include a Declaration (Form MC-031) where you can provide more details supporting your request for the name change. You may also need to notify the other parent of this request and provide them with an opportunity to respond. Since rules and forms can vary slightly by county, checking with the Family Law Facilitator at your local court can help ensure you are following the correct procedures.

Q: How do I add my last name to my child’s as part of my divorce in California? Tried the normal route and told wrong venue