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Can I Get in Trouble for Changing My Son's Last Name to His Father's Last Name

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  • 12-26-2011, 11:23 AM
    brendas1119
    Can I Get in Trouble for Changing My Son's Last Name to His Father's Last Name
    My question involves paternity law for the State of: New Jersey.

    My son has my last name, his last name was suppose to be changed 2 years ago when we went to court and agreed to do so. It has been 2 years and the only time my son's father makes a stink about changing my son's last name is only when tax season comes around. This past summer I contacted Vital Statistics in Trenton and had them cancelled that request. My son's father just found out on christmas that I cancelled the name change and threatened to enforce the court order. What can I do to keep the last name from being chnaged???
  • 12-26-2011, 11:31 AM
    Mr. Knowitall
    Re: Can I Get in Trouble for Changing My Son's Last Name to His Father's Last Name
    If you are stating that you were ordered by the court to proceed with the name change, have deliberately delayed and obstructed the process for two years and, shortly after finally bringing yourself into compliance by filing the court order with the Department of Vital Statistics, withdrew the request to change the child's name consistent with the order, then yes, your ex- is in a position to take you to court and ask for appropriate additional relief, perhaps a finding that you're in contempt of court.

    If you want to bring a motion asking the court to revisit its order, file the motion, make the request, and make your case in court.
  • 12-26-2011, 11:40 AM
    brendas1119
    Re: Can I Get in Trouble for Changing My Son's Last Name to His Father's Last Name
    He's the one delaying the process. He doesn't mention anything about until it's time to file for taxes.
  • 12-26-2011, 11:43 AM
    Mr. Knowitall
    Re: Can I Get in Trouble for Changing My Son's Last Name to His Father's Last Name
    So you're now stating that he is the one who called the Department of Vital Statistics and canceled his request that they update the birth certificate in accord with the court's order? Then why did you previously indicate that you were the one responsible?
  • 12-26-2011, 11:50 AM
    brendas1119
    Re: Can I Get in Trouble for Changing My Son's Last Name to His Father's Last Name
    I didn't say that. I just said that he's the one delaying it after we did sign the papers to do the name change. He never got in contact with vital statistics after we signed the papers. He proved me me with no other information about what was the next step in changing the child's last name until yesterday.
  • 12-26-2011, 12:33 PM
    Mr. Knowitall
    Re: Can I Get in Trouble for Changing My Son's Last Name to His Father's Last Name
    So now you're back to admitting that you are causing delay and deliberately disobeying the order by withdrawing your petition to the Department of Vital Statistics.

    We're back to where we were before you equivocated: You need to obey the order or you can get yourself in trouble. If you want the order changed, bring an appropriate motion with the court.
  • 12-26-2011, 12:50 PM
    brendas1119
    Re: Can I Get in Trouble for Changing My Son's Last Name to His Father's Last Name
    What kind of motin would I have to file for????
  • 12-26-2011, 05:30 PM
    cyjeff
    Re: Can I Get in Trouble for Changing My Son's Last Name to His Father's Last Name
    You would have to bring a motion to the court that changing your son's name would not be in the best interest of the child.

    Having said that, the fact that you were ORDERED to do so 2 years ago and have not will almost automatically make the court not only ignore your motion but give you a stern lecture about ignoring a court order.

    go get the boy's name changed. Stop being a child yourself and hoping that if you wait long enough everyone will forget about that homework you are supposed to do. This isn't a 4th grade essay on Columbus. This is your child.

    Get this done tomorrow.
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