How do I get my son's last name changed without hiring a lawyer?

San Diego, CA Viewed 219 times. Posted 5 months ago in Family

I need to change my son's last name to either mine or his bio-logical father's last. I have DNA results of him being the father. However, that bio-logical father is decease and i also have a copy of death certificate. On my son's birth certificate at birth I added someone else's name with the other guys last name and would like to get that last name remove and add my son's bio-logical father information. I'm low income and don't have funds to hire lawyer I've asked lawyer before and the fees are to high for me. Please someone guide me to the right direction. My son is 14 yrs old now and I would like for him to carry his bio-logical's father last name and not have to go through any problems later on because of the last name.

Thanks

Answers (1)

Tavy Alice Dumont

This attorney is licensed in California. Posted 5 months ago.

First you need a court order changing the child's name, and then you can have the birth certificate changed using the court order. The State of California has instructions on its website for how to get the court order, and how to change the birth certificate, without a lawyer:
http://www.courtinfo.ca.gov/selfhelp/other/namechangechild.htm

If the information on the website doesn't help you enough, go to the library and search the catalog for "change your name." You will probably find some do-it-yourself books. If not, go to a bookstore and ask the employees to help you find a book on legal name change in California. Even if the book cover says that it's about changing your own name, it probably has a chapter on changing a minor's name--look at the table of contents and make sure. Be sure the book is for California and that it's recent, not several years old. You will need to file forms, and if your income is low you can get a fee waiver so that you don't have to pay the filing fee. But you will have to pay to have a notice published in a newspaper--there's no fee waiver for that. After you file the papers you may have to go to a hearing--the court will let you know--just take all the documents you have and explain everything to the judge.

You can also contact your local pro bono program and see if an attorney will volunteer to help you for free:
1-877-534-2524
http://www.lassd.org/pro_bono_program.htm

DISCLAIMER
I am licensed to practice law in California. This information is not applicable to states other than California. This response is intended as general education, not legal advice to be relied upon. I do not know the specific facts of your situation; under certain facts this information may be inapplicable. This communication does not create an attorney/ client relationship. The questioner is urged to seek a personal consultation with an attorney.