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In California, you can ask the court to legally change your child's name. If you are the only parent making the request, you have to file a petition with the court, let the other parent know about it, and go to a court hearing. If your child's other parent does not agree, they have the right to oppose your request.
A parent, managing conservator, or guardian of a minor may file a petition requesting a change of name of the minor in the county where the child resides. TX Family Code § 45.001). Where should I file the petition? Petition should be filed in the district, county, or justice court of the county where the child lives.
In California, you can ask the court to legally change your child's name. If you are the only parent making the request, you have to file a petition with the court, let the other parent know about it, and go to a court hearing. If your child's other parent does not agree, they have the right to oppose your request.
But, by convention (that is, when the matter has not been decided in court, and there are no other court orders in force), it is presumed that the child can decide for themselves about changing their name at the age of 16.
However, if the father is absent or unresponsive, you can petition the court for the name change without his consent. The court will consider whether the name change is in the best interest of the child and may grant the request even without the father's consent.