Okay I have two small children and my ex and I just got divorced and he lost custody of my children. I want to change their last name to my maiden name. I live in California and I don't know what the laws are. Can I just file for a name change and go on from there?

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Originally Posted by preciousstarr

Okay I have two small children and my ex and I just got divorced and he lost custody of my children. I want to change their last name to my maiden name. I live in california and I dont know what the laws are. Can I just file for a name change and go on from there?

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I do not think so - the fact that he lost custody doesn't erase him from their lives and I think the Court will look upon this as vindictive on your part and possibly not in the best interest of the children.

Changing a name isn't a simple filing - there is paperwork involved and I believe with children, at least in NYS, BOTH parents have to consent.

Of course, maybe he'll consent.

When you say he lost custody, do you mean just physical custody? Does he get visitation? Does he still have a say in how the children are raised?

A person can use any name they want as long as there is no intent to defraud. So, if you want to register your kids in school under your maiden name, you can, but the school will still need to use the legal name in some instances.

To have the names legally changed means going to court and it likely won't be granted. Why not ask your divorce attorney?

You will need the consent of the father to legally change their last names.

Here is a link to the area for changing a child's name from the California website

California Courts: Self-Help Center: More Topics: How to Change Your Name: Forms for Use in Name Change and/or Gender Change Cases