Question About Russian Child / K-2

[Lars & Sasha 17]

I am talking with my fiancee about what we will do about last names once we get married. Her son Dima has his father's last name. My fiancee will take my last name once we are married, and I was wondering if we will need the father's permission to change her son's last name in the US. They have joint custody of Dima (though he pays nothing and does not support his son). Anyone have this experience?

[TM92 527]

17 minutes ago, Lars & Sasha said:

My fiancee will take my last name once we are married, and I was wondering if we will need the father's permission to change her son's last name in the US.

In California, you'll need permission from a Superior Court judge: http://www.courts.ca.gov/selfhelp-namechange.htm/22583.htm. This page is also relevant; http://www.courts.ca.gov/selfhelp-serving.htm#hague:

Quote

Service on someone who lives out of the country

If you need to serve someone who is not in the United States, you may have to use the process set out under the Hague Convention. For example, if you are filing for divorce and your spouse is living in Mexico, you will have to use the Hague Convention to serve him with divorce papers. The process is complicated. Your court's family law facilitator or self-help center may be able to help you. Or talk to a lawyer. Click for help finding a lawyer

Edited August 4, 2018 by TM92

[Lemonslice 4,843]

Depending on your fiancée's son's age, you might want to ask him. No matter your opinion of his father, it's his dad's name, maybe he wants to keep it (at least for now). 

[Alabamak1 688]

OP, this matter is already sounding more complicated as just wanting to make a small change....is it really worth it? Time, money, legal advice in both countries and even worse, involves a minor. just stating what is on hand here. 🤔

Edited August 4, 2018 by Alabamak1

[Dashinka 24,507]

To the OP, is the plan to legally adopt him in the future?  If not, I would think a name change question for the stepson is a bit premature.

[Lars & Sasha 17]

 

8 hours ago, Lemonslice said:

Depending on your fiancée's son's age, you might want to ask him. No matter your opinion of his father, it's his dad's name, maybe he wants to keep it (at least for now). 

That wasn't the question. I am not looking for advice on whether or not we SHOULD do it. I am looking for whether or not we need the legal father's permission in another country TO do it.

 

6 hours ago, Alabamak1 said:

OP, this matter is already sounding more complicated as just wanting to make a small change....is it really worth it? Time, money, legal advice in both countries and even worse, involves a minor. just stating what is on hand here. 🤔

It is not more complicated than that. It is a simple question. We either need the legal father's permission or we do not. And of course it is worth it.

 

5 minutes ago, Bill & Katya said:

To the OP, is the plan to legally adopt him in the future?  If not, I would think a name change question for the stepson is a bit premature.

Yes, the intent is to adopt him...but that is a separate conversation.

 

I appreciate everyone's opinion on whether or not we should do it, or do we ask the child his opinion, and is it worth it, etc. BUT...the question was a very straight forward one. Do we need the legal father's permission in Russia to change her son's (my step-son's) last name to match ours? 

Edited August 4, 2018 by Lars & Sasha
update

[Lars & Sasha 17]

10 hours ago, TM92 said:

In California, you'll need permission from a Superior Court judge: http://www.courts.ca.gov/selfhelp-namechange.htm/22583.htm. This page is also relevant; http://www.courts.ca.gov/selfhelp-serving.htm#hague:

Thank you! This is helpful. Also looking to see if there is anyone in here that HAS actually done this. Has anyone adopted their k1 spouse's child, and/or had a name change for said child?