Me and my ex split up a few months back, we we're never married, and i don't believe she has any intention on trying to change my sons name, but legally if she wanted to can she? he has my full name, he's a Junior, making me a Senior, and was just curioues as to if she wanted to, could she, without my permission? Thanks!
2006-09-15 13:29:07 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
i am on the birth certificate, and we're going to mediation for joint custody
2006-09-15 13:35:23 · update #1
Yes she could. Unless you have soem sort of court order that says you have joint custody.
2006-09-15 13:30:17 · answer #1 · answered by Anonymous · 0⤊ 1⤋
It depends on your son. If he tells the judge he wants to change his name then she can get a judge to do so especially in the case that she gets remarried. To be honest, your name never had to be on the records if she did not tell the hospital that you were the father. And if you lived together and had a child in a common law state you are married. The birth certificate is proof of that. The two of you had better look into whether you need to get a divorce to make it official. If the law says you were married then the law has to say you are no longer married. And you better think about that as far as your taxes are concerned. You could be in a heap of trouble and all she has to do is talk to the IRS. Also, if you haven't already set up for child support you better otherwise you will find yourself at the mercy of the courts without visitations and paying whatever the judge deems appropriate. It sounds like you have your hands full.
2006-09-15 20:40:09 · answer #2 · answered by LORD Z 7 · 0⤊ 0⤋
If your son was awarded a 'guardian ad litem' by the court and it was decided he wanted his name changed to something else, he can do it as a minor. You and the mother bicker and argue during mediation and they might appoint one to protect the child and his interests. The other way she can do it, is to simply file with the court for a leagl name change after you have custody worked out. You will never know cause they won't need your approval for it.
2006-09-16 00:51:56 · answer #3 · answered by funschooling m 4 · 0⤊ 0⤋
In CA one parent filing has to disclose the non-filing parent on the court forms and send to the other parent the Order to Show Cause Re: Name Change and have a proof of service, or the request will be denied. When served with the OSC with the hearing date on it, you could appear and dispute it if you wished.
2006-09-16 01:21:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Only if you quit having contact with him. Some states after one year of no contact you can file for a name change without your consent.
2006-09-15 20:31:40 · answer #5 · answered by Jen G 6 · 0⤊ 0⤋
does she have full custody? are you listed on the Birth certificate? those two points would be crucial.
2006-09-15 20:32:05 · answer #6 · answered by lfnatu 2 · 0⤊ 0⤋
She couldn't change your baby's name without your permission unless you give up all rights.
2006-09-15 20:30:48 · answer #7 · answered by ♥Trinity♥ 4 · 0⤊ 0⤋
yes it is very simple to do. you just go to the court and you have to have proof of who the child is, and it can be changed
2006-09-15 20:31:32 · answer #8 · answered by wantme_comegetme 5 · 0⤊ 0⤋
I believe that she can. But why would she. That seems a very drastic move.
2006-09-15 20:34:44 · answer #9 · answered by ? 7 · 0⤊ 0⤋
if you are on the birth certificate than no she cant
2006-09-15 20:31:06 · answer #10 · answered by Anonymous · 0⤊ 0⤋