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:
To change your daughters' last names, you must file a Petition for Name Change in the Superior Court where you live. The court will issue an Order to Show Cause, which details your petition and sets a date for interested parties to respond. This order must be published in a designated newspaper for four weeks. If no objections are filed, the court may grant the name change without a hearing. If there are objections, a hearing will be held, and the court will decide based on what is just and proper. Once granted, you can assume the new name.
Regarding child support, you need to establish that the biological father is indeed the father of your children. Generally, children born during a marriage are presumed to be the husband's children. In some states, this presumption is strong and can only be challenged by proving the husband was incapable of fathering a child or did not have access to his wife during conception. If you can prove the biological father's paternity, you can seek child support from him.
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.