Can I change my daughters last name if I have sole custody?

Asked over 3 years ago - La Mesa, CA

My daughter and I have the same last name, I kept my married last name so we could have the same name. I am thinking of changing my daughters last name, is it possible to be granted a change of last name with out changing mine ( I am getting married soon and the name will change then) or do I have to change mine to be able to change hers? Father isn't in the picture and doesn't pay child support and the child doesn't know about him. I also have a restraining order against him for threatening to hurt us. Because of that I have sole custody of the child, can I change her last name with out his permission and if so can I change it with out changing mine or do I have to change mine to be able to change hers?

Attorney answers (2)

  1. Donald Frederick Conviser

    Contributor Level 19

    Answered . When you file a case for a name change of your daughter, you need to provide notice to all interested people, which would include father, who would have the opportunity to appear at the hearing on the case to contest your request to change your daughter's name, and you would need to testify as to your reasons for changing your daughter's name to the name you desire her to have. It would be up to the Judge at that hearing to determine whether or not to grant your request to change your daughter's name.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . If you are thinking of having your daughter be adopted once you are remarried, why not wait to have her name coincide with your new married name? This is what I have counseled be done to help ease the transition for situations just like yours.

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