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?
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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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Consumer Protection Attorney
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 analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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