If my wife and I are separated and in the process of divorce, can she changed my daughter’s last name without my permission?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife and I are separated and in the process of divorce, can she changed my daughter’s last name without my permission?

We have a 6 month old together that has my last name.

Asked on November 12, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Unfortunately--there is not much you can do about it.  There are automatic temporary restraining orders (ATROS) included in the summons for dissolution.  However, those ATROS do not restrain the parties from changing the child's name.  I understand that this is upsetting, but accept it and move on. 

You should really hire an attorney to assist you in this process and ensure you get the best outcome possible.

Best of luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption