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How Can I Prevent My Child's Mother from Changing His Name

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  • 09-17-2012, 12:22 PM
    jarvis
    How Can I Prevent My Child's Mother from Changing His Name
    My question involves name change laws in the State of: nc
    my ex wife is trying to change my son's name to her current husband's last name. he currently has my last name. i am the biological father ( i think ) and my name is on the birth certificate. she always tries to find some way to get me incarcerated so i cant fight her in court because nc county jails will not take you to attend court for civil suits in other counties. i just want to know can she change his name without my consent, and can i prevent it if i do get incarcerated?
  • 09-17-2012, 12:36 PM
    Dogmatique
    Re: How Can I Prevent My Child's Mother from Changing His Name
    Please explain "she always tries to find some way to get me incarcerated".

    How old is the child?
  • 09-17-2012, 01:26 PM
    aardvarc
    Re: How Can I Prevent My Child's Mother from Changing His Name
    The way to avoid the problem, obviously, is to not take any actions that are likely to result in your arrest. Police, not your ex wife, decide who gets arrested, so unless you give them probable cause to do so, your ex wife's attempts to "find some way to get me incarcerated" are irrelevant. If you get arrested in another county, and you get served a notice but are unable to attend because of that incarceration, then your response is to request a continuance pending your release (assuming a reasonable time frame). If you have reason to worry that wheels are already in motion that could end up with you going to jail, you should speak to an attorney in advance so that you are prepared with your response, should you be served while in jail.
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