Where do you start in changing a childs last name in CA?

I need to change my daughters last name. The non- custodial parent has never been in her life and she needs to have the same last name as me- she is 2 so she wont have to go through life with a name that doesn't match mine. I know I have to go to the court house, and have to pay- Is that it? I have full custody, so do I need to serve the non custodial parent papers and keep him in the loop? I believe that isn't necassary but im not sure. Thanks!

Where do you start in changing a childs last name in CA?
You have to go through Vital Statistics.... look it up for your area. If she is in your ex's name, you may also need his permission, and if you can't find him, you may have to attempt to, through a Newspaper add, or other means, and keep records of that, and submit that with your application for a name change.


I didn't need a lawyer, and I did this for my daughter, many years ago.


Best wishes! =)
Reply:You need to find an attorney, because you do have to go to court. The judge will also request two witnesses to confirm that the child's name is being changed for the correct reason. There are also notices that need to be put in the newpaper, etc. It should cost you around $750. I've done this when my son was 10. That's what we had to do.
Reply:You can’t do it by going through vital statics (although, in some states you can IF you do it within a certain timeframe and have the consent of Dad too if he’s listed on the birth certificate). But in CA only information that was listed on the birth certificate in ‘error’ can be amended without going to court. So, you’ll have to petition the court and get a court order to amend the birth certificate.





Assuming Dad's the legal father (and if he's listed on the birth certificate he is), of course, it’s necessary to serve him. The fact that you have full custody does not mean that he has no rights (even if he’s not the best parent in the world).





Dad would either have to agree to allow the name change or a court would have to agree to allow it without having his consent. Even if he doesn’t contest it and he’s not a part of the child’s life, if he’s paying child support (even if it’s sporadic), don’t expect that the court will allow it without his permission.





By the way, you won’t get far with the argument that “she needs to have the same last name as me so she wont have to go through life with a name that doesn't match mine” because there are MANY children in the US who have a different last name than their mothers, and there is no stigma attached to it. So this is not a case of her ‘needing’ to have your last name, it’s a case you ‘wanting’ her to have your last name.





Call your local courthouse and ask they have a ‘name change packet’. They may or may not.








EDITED TO ADD THIS AFTER YOU ADDED ADDITIONAL INFORMATION:





I’m assuming the paternity test was taken in regard to child support? If so, even if his name never got added to the birth certificate, he’s the legal father (the court cannot order child support until paternity is legally established).





Your husband’s not interested in petitioning to adopt her? There’s nothing wrong with that if he’s not (if I were a man, I’d think long and hard before accepting financial responsible for another man’s child--no matter how much I loved the child), but since you want her to have his name…