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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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i have divorced,can i change my babys first name legally without

Customer Question

i have divorced,can i change my baby's first name legally without his father's permit.we are chinese,but my baby's born in usa,how can i change the name,and i have the baby's custody.thank you.
Submitted: 11 months ago.
Category: Legal
Expert:  Jack R. replied 11 months ago.

Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

 

You will need to file a request for a name change with the court. Since only you will be filing the court will schedule a hearing for both you and the father. if both of you agree then the court will approve. If both do not agree the at the hearing you will need to explain why you want the name change, and father will get to explain why he does not want the name change. if father does not show up to court then you will win by default.

 

Since it is only a first name the court should not have any difficulty approving the change. Normally the issues surround last names.

 

Here is a link to the process to help you:

http://www.courts.ca.gov/22583.htm

 

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Jack R. and 15 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

we both live in china,and i dont think we can change the baby's name here,because she got the us passport.what should i do then?

Expert:  Jack R. replied 11 months ago.
You have a couple of options. One you can wait until you get back to the United States, or file the documents in the U.S. ( have a friend or local attorney file the documents for you ); or 2 change the name in China. Go to the U.S. consulate or embassy and have the passport reissued with the correct name, when you get to the U.S. you will need to register the name change with the California Department of Heath, Vital Records.

If you can get father to agree you can avoid the Court appearance and get the name changed in the U.S.. You still need to have the passport changed.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).
Customer: replied 11 months ago.

if i have the Independent custody sentence for my baby in china, and i will do the notary,do i still need her father's approve to change the name?change the passoport or do the birth paper(lost).thanks

Expert:  Jack R. replied 11 months ago.

If you can get the name legally changed in China without father's approval then you can do that. After the Chinese court or authority changes the name, you can get the passport reissued in that name. When you get to the U.S. you can ask the court to modify the Bureau of Vital Statistics with the new name. Please accept my answer with a rating of 3 or better so I may get credit for my response.

 

Otherwise you will need to get father's approval and process the name change in teh U.S and still need to reissue the passport with the roper name.

If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Customer: replied 11 months ago.
if i have the independent custody for my baby !and i want to change her name in us ,do i need aprrove?and i have to renew her passport in five years ,can i do it my slef without her father,cause he wont help!and also he dont give the birth certificate to me,can i apply it by myslef when i get to us,thanks
Expert:  Jack R. replied 11 months ago.
Yes you need father's permission unless the court has terminated the father's parental rights. Termination of parental rights is not simply denying custody. A US court must have effectively declared the father has no more legal rights concerning the child.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

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