How to change my childs last name (CA)?

Question

Her father lost custody in court. Bother legal and physical. He was awarded very limited visitation and ordered to pay child support. This was almost 5 years ago. He payed a little support at first (maybe the first year?), but that's no longer. He's also stopped visiting, and hasn't seen her in over a year. During that year he has been arrested but possibly not charged for domestic abuse and stalking his ex girlfriend. As you can probably tell, it's not loss not having him in our lives.
My daughter still carries his last name and absolutely hates it. I found out she tells people her last name is the same as mine. I'd like to change it, but I don't know where the father is, and I'm pretty sure he wouldn't agree anyway. He's very controlling.
So, I'd like to know what the normal procedure is in CA for a legal name change.

Thanks!

Answer 1

Well the only way to change it is if well.... he signs it to be changed.. find that bastard so that your daughter has nothing to do with him;..

Answer 2

You can't change her last name unless he signs away parental rights. Even if he NEVER pays any form of support YOU can't terminate his rights, the court can but you have to petition the court to do so and since the only thing against you and your child is non support I doubt they'd comply. Tell you daughter that there are unpleasant things in this world we have to deal with and she is just going to have to put up with this one at least until she is 18 and can go to court to change her name legally.

Answer 3

Go to court and have his parental rights terminated. Once his parental rights are terminated, you can petition for the name change.

Grounds in California for parental rights terminations are listed here http://www.ncsconline.org/wc/CourTopics/statelinks.asp?id=83&topic=TermPr

Considering he does not visit her or pay support, you could try on grounds of abandonment and/or extreme parental disinterest. Since she has no desire to have him in her life and he has an arrest for violence, you could also argue that termination would be in her best interest.

Answer 4

you are able to’t do it by utilising dealing with necessary statics (despite the fact that, in some states you are able to in case you do it interior a definite timeframe and have the consent of pop too if he’s listed on the start certificates). yet in CA basically advice that replaced into listed on the start certificates in ‘errors’ could be amended without going to court docket. So, you’ll would desire to petition the court docket and get a court docket order to amend the start certificates. Assuming Dad's the legal father (and if he's listed on the start certificates he's), of direction, it’s mandatory to serve him. the certainty which you have complete custody would not propose that he has no rights (whether he’s no longer the final parent in the worldwide). Dad could the two would desire to conform to permit the call replace or a court docket could would desire to conform to permit it without having his consent. whether he doesn’t contest it and he’s no longer a factor of the baby’s lifestyles, if he’s paying baby help (whether it’s sporadic), don’t assume that the court docket will enable it without his permission. by utilising the way, you gained’t get a ways with the argument that “she needs to have a similar final call as me so she wont would desire to flow by way of lifestyles with a acceptance that would not tournament mine” because of the fact there are a number of babies in the US who've a various final call than their mothers, and there isn't any stigma linked to it. So that isn't a case of her ‘desiring’ to have your final call, it’s a case you ‘desiring’ her to have your final call. call your community courthouse and ask they have a ‘call replace packet’. they'd or would possibly no longer. EDITED to function THIS when you further further advice: I’m assuming the paternity attempt replaced into taken in regard to baby help? if so, whether his call never have been given further to the start certificates, he’s the legal father (the court docket can't order baby help till paternity is legally universal). Your husband’s no longer attracted to petitioning to undertake her? There’s no longer something incorrect with that if he’s no longer (if I have been a guy, I’d think of long and not straight forward earlier accepting economic to blame for yet another guy’s baby--no count how plenty I enjoyed the baby), yet considering which you opt for her to have his call…

Answer 5

instead of allowing the child to control your life and make decision that she has no mind to make on her own. should be telling her that her last name is her dad and she should be happy to it. in other dont encourage her to not like who she is which is her dad last name. and besides the damn name will change once she gets married anyway. you are trying to erase him from her life totally and thats not right regardless of how much of a bum he is. he is the one YOU chose to lay down with and make this child so you and her need to deal with it. and am sure he will fight you on this and he should. GodBless

Answer 6

you can't. he still has parental rights even is he hasn't seen her or paid support. when she's 18, she can change it herself legally but until then your stuck unless he gives up his rights in court. sorry.

Answer 7

Err... do you mean CA as in California or CA as in Canada?

Ontario: http://www.ezinearticles.com/?How-To-Change-Your-Name-In-Ontario,-Canada&id=815334

California:
http://www.courtinfo.ca.gov/selfhelp/other/namechangechild1.htm

Answer 8

Hmmm.

YOU picked him, honey.

When she is old enough if she wants to change her name, that's her business. I don't think it's something you need to get into.