Can I legally change my daughter last name without the fathers consent????

The process to change your child's last name is easier if you have the consent of the other parent. You can learn about the process to obtain a name change for your child here: http://www.courts.ca.gov/1052.htm As you will read from the above link, you have to let the other parent know about the Petition for Change of Name and the court date for the hearing on the petition. The other parent has the right to oppose the request to change your child’s name. If the other parent does not agree to changing the child’s name, a judge will make the decision based on the "best interest" of your child. If you need further assistance, you can seek the free help of the facilitator's office at the court: http://sonoma.courts.ca.gov/self-help/family-law-facilitator

Yes, you can change your daughter's name without his consent, but he still needs to be given notice of your petition for name change and he does have the legal right to object. I agree with Attorney Apicella. In California, a name change requires a court order. For instructions how to change your child's name in California (without an attorney). see: http://www.courts.ca.gov/1052.htm For instructions on how to amend a birth record, see: http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/Affidavit-BirthPAMPHLET-(11-10)-MERGED.pdf

Do you want to adopt the 1 year old or only change her last name? Are you asking if you can revise her birth certificate to add your last name? Are you married to her natural mother? Without knowing many more facts, it's not possible to answer your question. It appears as if you have been acting as the father of a child who is not your natural child, and you are not married to her mom. It also appears that the natural father ("bio-dad") is known to mom. It also appears that bio-dad has not signed a voluntary acknowledgement of paternity. If the natural father is known and you are married to the mom, you may be able to adopt the baby. However, if you are not married to the mom, probably not. In any event, you will probably need to notify bio-dad that you are taking any of these actions. You can consult with a lawyer about your question for little or no cost through a lawyer referral service in your area. You can find your nearest lawyer referral service by clicking on the link below.

Yes, but he must be given notice of your petition to change your daughter's name. And yes, he can oppose the petition. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1260 N Dutton Ave, Ste. 135 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 542-5655 [email protected] www.jamessansonelaw.com The information contained in response is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this response contains general information and may not reflect current legal developments, verdicts or settlements. The Law Offices of James V. Sansone expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this response. Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this response.