Friday, April 23, 2010

Can my ex-wife change my children's last names without my consent?

i live in california. my ex is threatening to change my childrens last names to her maiden name. We have joint custody and I do not want her to change their names. Will she be able to do this?

Can my ex-wife change my children's last names without my consent?
No
Reply:I worked in law for many years and the correct answer is that if she wanted to change their last name, a petition would have to be filed with the Courts with a consent signed by you and that consent would have to be signed before a notary public. Unless you were deceased, the court might even want a hearing to know why you would consent to such a thing so don't worry. The only other way would be if they were adopted and you're not going to consent to that either so she's just making idle threats to you. If they decide they want their last name changed when they become adults, they would still have to file something with the courts to do that. Almost everything has to be done legally and I did a lot of name changes and they were all done through Court. Don't worry.
Reply:NO!! I am an ex wife and I asked this question myself to my lawyer. She cannot do so without your consent. You would have to sign paperwork allowing her to legally change your childrens last names. The children can do so at 18 on their own accord, but before that......DEF NOT!
Reply:Nope, no way. Seriously, there is absolutely no way she could make that happen without your permission. It's an empty threat.
Reply:Absolutely not :-) Cause if I could I would my ex was abusive.
Reply:Nope! not with out your consent. Your signed consent.
Reply:She might see a lawyer
Reply:no, she can't do that
Reply:no

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