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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27271
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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How to change my sons last name to mothers maiden name

Customer Question

How to change my son's last name to mother's maiden name
Submitted: 9 months ago.
Category: Family Law
Expert:  LawTalk replied 9 months ago.

Good afternoon Leah,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Will both parents agree to the name change?

2. If not, what is the present state of any custody/visitation order?

Doug

Customer: replied 9 months ago.

No I have my son his father hasn't seen him since he was 10 months old and now he is 10 years old. I had a restraining order on father at the time my son was 10 months old but it expired 3 years later but on the court paper for the restraining order it did say I was the legal parent.

Expert:  LawTalk replied 9 months ago.
Good afternoon Leah,

As the father is still out there, there are only two ways that the California court will grant you a change of name for your minor son. And, I'm afraid that the restraining order which held that you were the custodial parent is not of any use in this situation.

1. You will have to get the father to sign a document to be filed with the court agreeing to the name change. And if that is not possible for you to accomplish, then,
2. You will have to file a Petition for Termination of Parental rights in court, and get an order form the court finding it in the best interests of your child that the father's parental rights be terminated.

The father's parental rights can be terminated without his consent if the court finds that his continuing relationship is not in the child's best interest. This is typically shown by a complete failure of the father to maintain contact with the child over a period of years along with the failure to pay support during that time.

While the failure of contact and support may support the termination of parental rights after just a year, the fact that there has been no contact, and presumably no support in that time either, makes it very likely that you will win this argument and be granter the Order of termination of the father's parental rights.

As soon as that is done, you may file your Petition for Change of Name for your child in the court, and the court will grant the petition.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

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