Can Dad Change His Daughter’s Last Name to Match His Own?

Share the Knowledge!

“Can my son have his daughter’s last name change to his last name? His daughter lives with him and she hasn’t seen her mother in 7 years. His name is on the birth certificate as the father.Will doing this have to go through the courts?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

I’m going to answer under California Law. Name change proceedings are handled through the Probate Court. As the parent your son would be the person to file the petition on his daughter’s behalf. Besides the filing fee, usually the biggest expense in a case like you are describing is service of the petition on the other side. If he does not know where baby’s momma is, then service would generally have to be by publication. As far as I can tell though, it’ll have to go through the Courts. There’s plenty of self-help stuff on the interweb, and depending on the jurisdiction this process can be fairly simple. If he’s struggling with it, of course most general practicing attorneys would be able to figure this one out.



Share the Knowledge!
Share:

Author: House Attorney

A house attorney has answered this question.