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Name change

Can I change my kids' last name to mine after the divorce?

CAstarting_over_20261 month ago

Kids have his last name. I want them to have mine. He'll oppose. Realistic?

1 reply

✓ Verified answer from a licensed attorney — shown first

Daniel Okafor avatarDaniel OkaforVerified Attorney1 month ago

Possible but tough when the other parent objects. CA uses the 'best interest of the child' standard for minor name changes (CCP §1276 et seq.). Factors courts weigh: length of time the child has used the current name, identification with one parent more than the other, parental misconduct, the child's own preference if mature enough, and whether one parent is largely absent. Pure preference to align the child with mom's new name, when dad is involved, usually loses. File NC-100/NC-110/NC-120 + a separate petition for the minor. Expect a hearing.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.