Name change of a minor

[sandiegomother]

I live in San Diego California. When my daughter was born in 2006, I had the father put on the birth certificate and hyphenated her last name (mine-his). Soon after she was born, he rarely ever saw her, was on drugs etc. I then gained full legal and physical custody. He did not show up to mediation for that (he attended via phone) and didn't show up to the court date- I was granted full custody. He saw her one last time in December 2007. Not a single time in 2008. Twice in 2009 because I paid for it, and once in 2010 (again I paid for it). He rarely ever calls, does not send me any money (I do not have a child support ordered by the courts). I want to change her last name to only mine, no more hyphen. She is 5 years old and she identifies with me. I know this will make it easier for her, and she knows herself as my last name. Because by law I had to serve him with notification, now he wants to show up and fight the name change. What do you think the chances are that a judge will not grant the name change? I am not sure that he really will show up, but should I spend thousands of dollars on a lawyer, or do you think it will be clear to the judge that this is what is best for my daughter?

 

[Proserpina]

It could go either way. If he shows up and challenges, there's a fair chance the petition will be denied.

If he doesn't show, you'll likely get your wish.

Nobody can guess how a judge will rule in any given case.

 

[MorgansDaddy]

If he is fighting it, you have an uphill battle ahead of you.

No one on the face of the earth can tell you what will be "clear" to the judge.

You need to make your case and hope for the outcome that you wish for.

You will be better served to not go too into detail about HIS problems when in court. It will hurt you at least as much as it helps you, if not more (maybe he will decide to not show up for this as well ).

Last, if he wants to have say in the child's name, petition for child support. Any good parent would be paying to support the child they helped bring into this world. Any parent who is willingly not, is SCUM!