Adding Mother's Maiden Name to Child's Surname
GV 70, can you share more cases since 2003 where a name was added after birth certificate was issued?
I'm in CA and wanting to legally add my last name to our 4.5 yr old son's (who has his father's). We were married, have been separated for almost 2 years and are now divorcing. When we first separated my ex agreed to add my name (written in our first draft of a judgement, but never signed) and I have been informally using the double surname for well over a year since our son was 2.5 (in emails, invites, preschool, etc), my son had been learning it as such, with no protests from his father until last November.
FYI since November my ex has run the gamut from agreeing, to wanting it as a middle name, to agreeing to add it but wanting language in our new judgement that "forbids" the use of it anywhere, to then agreeing fully and now saying he will never give me permission.
Hence why we are now headed to court, basically over this one issue.
His argument is that by adding it he will be separated from his son, he doesn't want his son in a different letter in kindergarten, he doesn't want to see my last name on a jersey if his son ever plays sports, etc. Now our son is coming home from time with his father sharing very unfavorable language and comments re this issue due to his father's anger over the matter.
I am the last person in my family with my last name, this is an important matter to me and don't want to just let it go because of the bully mentality of my ex. I want to know if my ex's angry behavior over it would be considered, by a court, not in the best interest of our son and a reason not to add the name. Or would they just see a guy with some serious power and control issues?
I need more case law that supports my decision.
Thank you very much for your knowledge.
