If I was granted sole custody of my son by default and I would like to change his name, for what reasons a judge would grant it?

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If I was granted sole custody of my son by default and I would like to change his name, for what reasons a judge would grant it?

Asked on November 15, 2012 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A change in name would need to be done with evidence regarding the parental status. While you have sole custody, it does not mean the father terminated his parental rights. He will have a say as to the name change issue and should be and will be notified regarding the hearing. Keep in mind there is no hard and fast rule but what is best for the child (the best interests of the child).  For example, while you prefer a name change, it may interfere with a child's psyche and identity if you were to do so during a time and age when the child knows his or her name and has known.


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