What is the process to change my daughter's hyphenated last name when a custody order is in place?

Asked 3 months ago - El Cajon, CA

My daughter's father and I were never married and he ended our relationship when I became pregnant. Her last name was my last name for the first two years of her life until he sued me for 50/50 custody, then the court hyphenated it when the 88/12 custody order was put into place. I'm going to be getting married in the next year and don't want her last name to be hyphenated as my maiden name.

Would the judge even consider granting me the removal of the hyphenation so her last name and mine would be the same?

Attorney answers (3)

  1. Edna Carroll Straus

    Contributor Level 19

    3

    Lawyers agree

    Answered . How is her name your name-maiden or otherwise? Her name is her name. Your name is your name. I don't think any judge will change your child's same because you are getting married. if a step parent parent adoption comes along try that.

    All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts... more
  2. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    Answered . The judge may consider it, but I doubt he would remove the father's last name. He might allow you to change your daughter's last name to your spouses. But I think an easier way would be to contact the biological father and see if he might consent to a stepparent adoption. How old is your child, will it even matter to her at this point, there are so many blended families now.

    My offices does represent people from Avvo if they contact me but only in the Los Angeles, Orange, Ventura, San... more
  3. Robert Andrew Michael Burns

    Contributor Level 17

    1

    Lawyer agrees

    Answered . What little we know is that there is a Court order establishing the hyphenated name. That has to be changed by a stipulated order or, maybe, some type of motion.

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