Can I change my daughters last name without her bio fathers consent if i have Sole legal and Sole Physical custody ....?

Asked about 1 year ago - Upland, CA

I have sole legal custody and sole physical as well, I will like to change my daughters last name .. Do i still have to ask him to take this decision?, & if not where do i begin?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20


    Lawyers agree

    Answered . Yes, his consent is not required, but you are still required to give him proper notice. In California, a name change requires a court order. The court has to decide whether it is in the child's best interest to change her name. He can oppose any petition for name change.

    For more information in the legal process and procedures, see:

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. William Nicholas Blasser

    Contributor Level 13


    Lawyer agrees

    Answered . Mr. Chen (as always) gives you a good answer to this question. If you think the biological father will contest the change you should consider retaining an attorney to assist you with the process, as there are many factors you need to present to the court to demonstrate that the name change is in your child's best interest.Many (including my firm) will provide you with a free initial consultation. However you decide to proceed I wish you luck.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  3. Richard Andrew Harting


    Contributor Level 18

    Answered . You will need to serve him with your petition, to allow an opportunity to be heard.

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