How do I change my daughters hyphenated last name, we are both unmarried, he is in jail and i have a restraining order on him.

Asked over 2 years ago - Irwindale, CA

While I was in the hospital, after my daughters birth (she is now 6 months old) I had not intended on changing my daughters last name to his because I did not want this. Her Father knew this but in the hour after she was born he said his family asked him to ask me if I would change it and I said no. He seemed angry. But the next day, I was seemingly ambushed into changing the name. I ended up hyphenating our last names.

Now, I have a restraining order on him for 3 years which was established 2/17/2012. I want to drop his last name from her on the birth certificate. And he's in jail pending a charge. Can I ammend the birth certificate without his consent?

We have never been married.

I have sole custody of her and he gets no visitation till he files paternity as per the judges orders.

Attorney answers (2)

  1. Michael John Harrington

    Contributor Level 17

    Answered . You can petition for a name change for the child but you must serve the father with the petition and he may file a response or objection.

    The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to... more
  2. Alec Scott Rose

    Contributor Level 16

    Answered . You must file a name-change petition at your local courthouse. The clerk should be able to provide you a packet, or sell you one at a nominal cost. It requires notice to both parents if the person whose name will be changed is a minor.

    For instructions, you may find this book,, or another book available at your local library, law library, or legal bookstore, helpful.

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