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I HAVE A BIG QUESTION.. MY BOYS AND I LIVED IN CALIFORNIA…

Customer Question
HI I HAVE A...

HI I HAVE A BIG QUESTION.. MY BOYS AND I LIVED IN CALIFORNIA THEY WHERE BORN IN MONTEREY COUNTY. BUT I GOT MARRIED AND MOVED TO HAWAII MY NAME HAS CHANGED AND I WANT MY KIDS TO CARRY MY LAST NAME AS WELL DUE TO SEVERAL THINGS.. 1. MY OLDEST SON'S DAD IS DEAD AND BEFORE THAT WE NEVER HAD CONTACT WITH HIM, I GOT A CUSTODY ORDER THAT SAYS I HAVE FULL AND SOLE CUSTODY

Lawyer's Assistant: What steps have you taken? Have you filed any papers in CA family court?

2. MY SECOND CHILD'S FATHER IS NON EXISTING I WAS RAPED UNKNOWN OF HIM. SO I BASICALLY NEED HIS LAST NAME TO CHANGE FROM MY OLD LAST NAME TO MY NEW LAST NAME FOR SCHOOL AND LEGAL REASONS

Lawyer's Assistant: Have you talked to a lawyer about this yet?

I SENT A NAME CHANGE TO THE VITAL RECORDS BUT THEY SAID I NEED TO GO TO COURT

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I TRIED GOING TO MY LOCAL NAME CHANGE OFFICE WITH THE LT GOVERNOR BUT CALIFORNA VITAL RECORDS WONT TAKE THAT SO I NEED SOMEONE IN CALIFORNIA THAT CAN HELP ME AS I LIVE IN HAWAII IT'S A LITTLE HARD TO FIND SOMEONE HERE I WENT TO THE COURT HOUSE AND THEY TOLD ME THEY DON'T KNOW THE CALIFORNIA LAWS SO THEY CAN'T HELP ME

Submitted: 3 months ago.Category: Family Law
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Customer reply replied 3 months ago
i am looking for an something that can be done before my child goes to high school
Customer reply replied 3 months ago
oh yeah the other reason i wan them to change last name is ***** ***** legally changed my entire name so the last name they have that was mine no longer exist
Answered in 11 minutes by:
3/23/2018
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,010
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
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Give me just a moment to review what you've written.

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Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

You would need to file a name change APPLICATION... I'm not sure if that's what you're saying you did with your first child. With your first child, given that dad is deceased I'm surprised that you weren't permitted to change the child's name or did you not file a name change application?

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Customer reply replied 3 months ago
i have tried here in Hawaii but they tell me they don't know the laws in california and i sent the papers from thr LT Governor and the vital records wont take that as a petition
Customer reply replied 3 months ago
i'm looking into getting a name change petition but do i have to be in califirnia to file ?
Customer reply replied 3 months ago
sorry unable to call because i'm at work
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

So you need to go to the court in Hawaii if you want a name change. There are "motion packets" you can fill out to request that the court change the name of a person.

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Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

The court then tells you were to publish the name change motion papers (it's in some newspaper that the court picks) and then you go before the court and generally it's granted.

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Customer reply replied 3 months ago
i did go but all the time i was asking them they just said they didn't know if they can help me because its a california birth
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

And now as to your second child...

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Customer reply replied 3 months ago
for my second child i went to court before and was granted a name change but that was before my name changed so i think since i was given the ok it still be active ok?
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

In that situation you'd need to petition the court to PERMIT you to change the child's name and you'd file the motion and serve the party who is on the birth certificate of that child - whether that is or isn't the dad (although in your motion you can certainly state that it's not the actual biological father).

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Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

No - it's not active... each time it's done it's a new application.

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Customer reply replied 3 months ago
well we did that and he sign it and now we live across an ocean but the judge gave me full custody as well
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

The judge said you can change the child's name to X right... so in order to change it to Y you need to court's consent anew.

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Customer reply replied 3 months ago
basically my ex and i filed for dna came out he's not the dad he gave up his rights
Customer reply replied 3 months ago
why do i have to ask him? he is not in the birth certificate but he gave him his last name. we separated and did a test came out negative so he took hes last name my son used my old last name
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

He gave up his rights... you didnt say that :)

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Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

That's different than not being on the birth certificate...

This is the way it works... if someone still has their parental rights they are entitled to be considered/asked about things such as name changes... that is unless the other parent has the court's consent, the other party's consent or full LEGAL custody (as opposed to physical/residential custody).

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Customer reply replied 3 months ago
he did he took his name and all so the judge granted me legal and full custody.. so how hard do i have to keep looking for help on this?
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

If you have full legal custody then you should be able to file for a name change with the court's standard name change motion packet.

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Customer reply replied 3 months ago
ok so where can i go for the help ? like i mention before the hawaii court dont even have the paper work to file for name change everyone here goes to the LT governor.. but the vital records in california wont take the governors request
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

The application would have to be done where you live now - in Hawaii. Let me see if I can find you a link to name change information...

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Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

Is this what you tried: https://namechange.ehawaii.gov/public/welcome.html

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Customer reply replied 3 months ago
its not accepted by california as a legal name change petition
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

http://ltgov.hawaii.gov/the-office/name-changes/

"The name of a minor can be changed only when both parents consent to the change. If one parent cannot be located or does or does not give consent, they may obtain a change of name through Family Court. For more information, please contact Family Court on your island"

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Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

Do you live in CA or Hawaii?

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Customer reply replied 3 months ago
Hawaii
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

I thought you said you live in Hawaii - so why would anything need to be accepted by CA??

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Customer reply replied 3 months ago
i do live in Hawaii...
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

So why would anything need to be accepted by CA as a legal name change petition? You'd file your petition in Hawaii. The state of CA would then give full faith and credit to Hawaii's decision. Does that make sense?

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Customer reply replied 3 months ago
you are not understanding me.. the LT governor will petition but only works fro hawaii born kids
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

So here's what I'm saying you should do.... hang on just a sec as I type....

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Customer reply replied 3 months ago
the vital department in california doesn't accept any petitions made through the lt governor...... that's why i'm seeking help because no one here seems how to submit any papers to the vital records in california
Family Lawyer: Olivia Kent, Family Law Attorney replied 3 months ago

You know what, something is getting lost in translation very badly... I was typing up an answer again but then your new msg came in... I still don't understand what the vitals dept in CA has to do with petitions from Hawaii. They are two separate states. You live in Hawaii. You would file your motion in Hawaii. You do not submit anything to CA if you are a resident of Hawaii. I'm going to let another expert maybe try to explain it differently to you and maybe that will help.

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Customer reply replied 3 months ago
my boys are born in california so i need to petition here sure but then the california vital records won't accept my petition as it's from the lt governors office i need someone that knows what to do besides the lt governors office because the court house here wont take my petition i have no clue why
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