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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?

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Attorney answers 3


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.

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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.

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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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