Full question:
I am from New Orleans, and I am here in California because of Katrina. My two girls were born while I was married, but the biological father is not the man I was married to. The man to whom I was married died in Katrina. I would like my daughters to have my last name. I also am seeking child support for them. Can I get support from their biological Dad?
- Category: Name Change
- Date:
- State: California
Answer:
For an order of name change to be granted by a court, the court must find sufficient reasons for the change and also find it consistent with the public interest.
The name change process begins with the filing of a Petition for Name Change in the Superior Court where the Petitioner resides. The court will then issue an Order to Show Cause re Name Change which will recite the particulars of the Petition. The Order to Show Cause will direct all persons interested in the name change to appear before the court at a time and place specified to show cause why the name change petition should not be granted. This Order to Show Cause will then be published once a week for four weeks in a newspaper designated within the Order to Show Cause. If there are no objections filed with the court, the court may, without conducting a hearing, enter the Order Granting Change of Name. If objections are received, the court will conduct a hearing at the scheduled time and the court may inquire of all interested parties. Thereafter the court may enter whatever order it deems just and proper. The court can grant or dismiss the Petition. Once the Order granting the Petition is signed, the Petitioner is free to assume the new name.
Before you can force the biological father to make child support payments, you have to prove that he is the father of your children. Children born in wedlock are presumed to be children of the man to whom the birth mother is married. Laws of some states take the position that the husband of the birth mother is the father of the child and this can not be changed by a court. Some states hold that it is a rebuttable presumption that a child born to a married woman is the child of the woman's husband. This presumption can generally be rebutted only by proof either that the husband was physically incapable of fathering a child or that he did not have access to his wife during the period of conception.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
