My Ex Wife Changed My Son's Surname Without My Consent and Lied in Court

[albitalia]

My question involves name change laws in the State of: ILLINOIS
Hi everyone and thanks for having time to read my thread.
Need help and advice from all of you.
My ex remarried and i recently found out that she had changed my SON's last name to her current husband. I went to city hall and pull out the court papers about name changes of my Son. She had claimed that his dad (ME) was no where to be found. When i saw the date of the ruling it was a month after i called her asking her to see my son. and the reason why i remembered that was because that was a day after her protection order expired. before that i wasn't able to contact her. So what are my choices I would like to go after her with what it takes She has destroyed my life THANKS

[jk]

since you pulled the court records, what does it say to you having been served notice of the name change action.

and just to be sure:

you have been declared the legal father, correct?

the mother has your address or some means to contact you, yes?

Is there a custody and visitation order?

[albitalia]

Ho there JK and thanks for taking the time to help me with your comment. I never was served or noticed even tho i talked to me ex a month before she went in court to change the name.
I have share custody and paying child support and the mother had my work and address and is funny to say but she had gone during that time on court and filed a phone call harassment which i found out when i got stopped for speeding and it came out warrant arrest, Eventually i won the case on phone call harassment
On court records it says: I feel it is in the best of Child(ren) that name change occur because: IT WILL REFLECT THE SAME AS HIS MOTHER FOR MEDICAL INSURANCE AND CARE NOW BEING CARRIED BY HIS STEP FATHER. BIOLOGICAL FATHER WHEREABOUTS ARE UNKNOWN. PETITIONER HAS SOLE COSTODY OF (MY SON) PER COURT ORDER.
Now my question is also can i sue her because i am so willing to do that even tho is not my persona to do things like that to others but she hasnt gaven me any choice but to play the same game she is been playing for long time.
thanks

[Dogmatique]

Sue her for what?

You can try to have the name-change overturned, perhaps based on lack of proper service, but outside of that? What do you think's going to happen? You'll be served eventually, and it will go before the court. The court might decide in her favor anyway.

What is it you want to accomplish?

[albitalia]

i wish i knew exactly what i can do But i am guessing that are laws that punish people he misrepresent or lie on court noo?? so thats why i am here I am going to overturn the ruling no doubt but what else i can do??

[aardvarc]

Nothing. Lying in court is perjury, that's a CRIMINAL offense, and any reaction would be from the STATE to determine if they wanted to bring a criminal case. However, the state only has a finite amount of resources, prosecutors, courtrooms, judges, and budget - and the reality is that they have MUCH more important criminal cases to pursue, like murderers, bank robbers, etc. So don't get your hopes up about the state wanting to bother with a case over a baby's name change. If you want the name issue resolved, that's something that your efforts can impact. The criminal matter isn't.

Of course you could always rally and petition for taxes to increase to the level needed to provide the state with infinite resources to pursue EVERY criminal case EVERY time, but unless tax payers in your area are gung ho for a doubling or tripling of their tax rates (and most aren't), prosecutorial discretion isn't in favor of pursuing the issue.

[Dogmatique]

i wish i knew exactly what i can do But i am guessing that are laws that punish people he misrepresent or lie on court noo?? so thats why i am here I am going to overturn the ruling no doubt but what else i can do??

So, you file in court to challenge the name-change based upon lack of service.

Guess what's going to happen the very second you turn up at court to have the matter heard? You'll likely be served and you're all back at square one. So, THEN what are you going to do?

You've got to make this less about getting back at or punishing Mom, and more about y'know, what might be in the best interest if your child?