Skip to main content

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

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

Posted

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 Bernardino and Riverside County in Southern California. The answers I give here are not meant to create an attorney client relationship. When accepting clients I conduct interviews face to face and they often take 30 minutes or more. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is often best and I d0 limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.

Mark as helpful

2 lawyers agree

Posted

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 stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 30 years. Ms. Straus provides “unbundled” services if you need specific assistance with a specific issue. I can be contacted if you put my name or Bar number, 110028, in the State Bar web site, or you can find me on LinkedIn or Google. Goggle E. Carroll Straus. If I seem right, proceed accordingly.

Mark as helpful

3 lawyers agree

Posted

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.

Mark as helpful

1 lawyer agrees

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics