How can i change my babys last name ?

Asked over 2 years ago - Wilmington, CA

i have full custody of my baby i had a dcfs case i went to rehab for 6 months and it just closed on 3/6/2012. my babys father never boutherd togo to any courts or change he had a meth addiction while i was working hard to proof myself to the social worker hedosent help me at all. i would take my son to his house so that he could spend time with him but now theres been alot of conflict with with him and his mother against me .they also say that there ganna fight to take my baby away from me and that he aint ganna help me with nothing in till he gose to court. he never did any effort to do any substance abuse program. plz i realy need help.

Attorney answers (2)

  1. Nadine Marie Jett

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Your statements indicate that a Name Change of your baby is not the real issue.
    If you ex takes you to court, in a Paternity action, you can ask for a name change by and through the Petition to Establish a Parental Relationship. If he takes you to Court, regarding a baby, it seems unlikely that a name change will be granted. You could seek a request to hyphenate the name, using his and your name, that is a common request.
    You have only recently exited DCFS, it seems premature to start a new round of fighing. Additionally, since you have been to DCFS, the court may question your motives, as well as your ongoing sobriety.
    If you are in need of support, you can seek the assistance of Child Support Services.
    Currently, there are no orders regarding custody, so you are not obligated to go to his house.
    You might want to let things settle down for the time being, and focus on your sobriety and your baby.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . A name change requires a court order. For instructions how to change your child's name in California (without an attorney). see:

    http://www.courts.ca.gov/1052.htm

    For instructions on how to amend a birth record, see:

    http://www.cdph.ca.gov/certlic/birthdeathmar/Do...

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more

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