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Both parents must applyBoth parents named on the child's birth certificate must apply to change their child's name.
If one parent is out of the picture, you don't need consent to change your child's last name. You do need to serve him or her with a conformed copy of the Order to Show Cause form. The other parent still does not have to consent or agree, just get served. Once served, a Proof of Service form must be filed.
The key to making an argument to change a child's name is to present the legal reasons for the change and show a judge that it is in the best interests of the child. The easiest way to convince a judge is to point to the factors put forth in state laws that support the request.
If your ex-wife is also in California, she'll have to file a Petition for Change of Name with the court, and there will be a hearing. She'll have a responsibility to notify you about the hearing.
First, you file the Petition for Change of Name for your child. Then, you will get a court date between 6 and 12 weeks away. If the court approves your request, you will get a court order called a "decree" changing your child's name. The court process can take up to 3 months, though in busier courts it may take longer.
Marriage or Divorce Sometimes, when parents divorce, if one parent is awarded the majority of custody, they may choose to change the child's last name.This could be the last name of one of the parents, a hyphenated last name, or even a name that represents the combining of the two last names.
Bring a copy of your driver's license, birth certificate, or passport to submit with the Petition. The clerk will ask for the name change filing fee, which is $110.
Can You Change Your Child Last Name Without Father Consent? Yes you can. Unfortunately, a father is often not in the picture when a child is growing up. Sometimes a mother drops out of a child's life and the same thing is true for the father.
Generally, you will not be able to change your child's surname without the permission of the other parent if: the other parent is listed on the Child's Birth Certificate, and.