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Originally Posted By Trina
My current husband, as well as my three children from my first marriage would like the children to change their last name to his. Is there a "standard" form used in Cal. courts that I could send their biological father (who lives in Ohio, and has only seen his children once in the past four years, and only speaks to them via telephone a couple of times per year) for him to give his consent for this legal name change to occur? We have considered adoption, but cannot afford to pay an attorney at this point and time.
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Originally Posted By Trina
Yes, but only because he happens to be a state employee, and they take it directly out of his check. I only receive $800.00 per month for three children...my 11 year old is 5'7" tall, weighs 125 lbs. and wears a size 13 (mens) shoe. My point is, I spend $1,000.00 per month at the grocery store...not including school lunches ($25.00 per week) and going out to eat. I am not trying to be a deviant "woman" but my current husband has been around these children for almost 7 years, and my oldest is 12. Their "real" father rarely calls them, and has only seen them once in the past 4 years. It would just be nice to all have the same last name, especially since the children frequently ask us to change their names. (We live in California, and the biological father lives in Ohio.)
Originally Posted By Robert Phillips
There is a book called " How to Adopt Your Stepchild in California" put out by Nolo Press. It can be found in most of the larger bookstores. There are examples of the consent form you're looking for in there as well as information you need for adoption. If the childrens biological father is consenting, the adoption isn't too hard of a process. If you happen to live in Napa Valley,the probation department can help.
Originally Posted By Trina
Thank you, Robert! One more question:
Is there any way, due to the biological father not having "physical" contact with the children for almost two years, that we may not need his "consent"? In Ohio, I believe they have a similar law, but what about Ca.? He (biological father) refuses to allow the children to legally change their name to their "real" (step)-father's last name, but will allow him to adopt them........makes lots of sense, huh???
Originally Posted By Sandy
I have been doing some research on this. I have found that under CA law, you can not change your child's last name to match that of your new spouse. This is not covered under the "Name Change Laws". You can only do this through adoption. Under Article 3, section 504 of the "Uniform Adoption Act", The step parent may petition the court to terminate the parental relationship between the minor child and the parent who is not the step parents spouse (i.e., the "deadbeat" dad or mom who does not take care of the minor child). If the court does terminate the relationship, the "dedbeat" parent is still responsible for any child support arrearage AND the "dedbeat" parent can not withhold consent to a proposed adoption of the monir child. In order to get more information, go to the web and do a search using the phrase "stepchild adoption". All the web sites with all the info above will be available. Good luck to you.
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