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    NewMommyin08's Avatar
    NewMommyin08 Posts: 2, Reputation: 1
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    #1

    Nov 1, 2008, 01:24 PM
    Minor name change. Father has no rights
    "My son's father has no parental rights to him. I am wanting to change his last name. Do i still have to serve him to let him know that i am changing his last name? Also i live in CA and his "father" lives in OK. Do I have to run it in a ca paper or a OK paper? Thanks
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Nov 1, 2008, 01:52 PM

    Why do you say he has no rights ? Also since you " know " where he lives it would be illegal to run it in a place that you know he wasn't.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    Nov 1, 2008, 03:06 PM

    The law on name changes for kids is kind of weird in California. In a disso (divorce) the court can change a name of a child applying a best interests test. In all other cases you simply go through the usual OSC re Name Change procedure and publish notice. If the dad's parental rights were terminated he may not even be entitled to notice (after all, if he no longer the dad why should he be noticed) but it wouldn't hurt to do so anyway. Publication to serve him notice would be where he lives or you might get away with personal service on him of the OSC.
    NewMommyin08's Avatar
    NewMommyin08 Posts: 2, Reputation: 1
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    #4

    Nov 1, 2008, 04:56 PM
    I say he has no rights, because the judge terminated them on October 14th 2008. Yeah I know where he lives (he is in prison) I just wasn't sure if I had to do it where he lives, I just wanted to make sure before I ended up getting myself in trouble... just wanted to be sure in advance.



    Quote Originally Posted by califdadof3 View Post
    Why do you say he has no rights ? Also since you " know " where he lives it would be illegal to run it in a place that you know he wasnt.
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