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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am un- married woman and had baby two months ago. Ex boyfriend

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I am un- married woman and had baby two months ago. Ex boyfriend is trying to take me to court to change baby's surname. Baby has. My name and my other children's last name. Will he win this in California?

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, unless the other person can show some sort of a legitimate reason as to why this child has to have the other surname, it is unlikely that he will prevail. Any name change must have a legitimate basis, for example if the current name is XXXXX XXXXX or it is used to hide the child, then it may make sense to change the name. But simply changing it because the other person wants his name on the child is just not good enough as a viable reason which means that it is unlike to win. He would have the burden proving how and why this name change is in the best interest of the child, and if he can't provide a legitimate reason, then the name stays as currently granted.

Hope that helps.

Customer: replied 3 years ago.
Lets say he comes up with some cause. Is me having that name and all my other children's name enough to keep it?

Thank you for your follow-up.

If he comes up with some cause then it would be up to you to show why the current nae is in the best interest of the child. The fact that other children have your name is XXXXX XXXXX those children are not the ones who are being evaluated by the judge, it would then be up to you to show why the current name is XXXXX XXXXX permitted.

Good luck.

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