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Filing an Action When the Respondent is Mentally Ill

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  • 12-30-2014, 12:45 AM
    princessunikitty
    Filing an Action When the Respondent is Mentally Ill
    My question involves name change laws in the State of: Montana

    So basically this, my child has asked to take my name. Dad does not pay child support (but we did live with him for about two years, if that matters).
    He doesn't have the child's name. Child has dad's families name, dad has a married name, and I have my name. Child wants my name.
    Dad has had many years to change his name, and never does, but lies about it often (which the courts could easily look at as trying to escape child support).
    I have had both written (I have proof) permission, and verbal permission to change the childs name. But when I sent the petition he refused to sign it, or even
    acknowledge he received it.

    Childs father is very mentally ill. in fact he is incarcerated at the moment due to mental health problems and violence. Before going to jail he went off on me completely out of his mind (calling himself god, not getting the gender of his child correct, multiple times, threatening me) telling me I may not change the name. After child was already told we could.

    Legally I can change the name as long as I have formal notice in the paper. So I started changing the name formally. I have put in the papers and filed with the clerk. My child
    wants to go to the judge and declare he wants my name, just like he has at the school already, months ago. I plan on being as honest as I can with the judge infront of
    the child, specifying on how child has neither of our names, and he should have mine, as he can be proud of me and we live together and his dad has a very minimal part
    of his life. Bringing proof of dads name issue ect.

    My question is, if I do this all legally, what legal ramifications can the father throw back at me down the road since he is bat-sh*t out of his mind.
    I also have a lot of people telling me I should take legal full custody now, to prevent him from getting any down the road since he will still be mentally ill. I am not sure if I should do that either.
  • 12-30-2014, 06:50 PM
    Mr. Knowitall
    Re: Filing an Action When the Respondent is Mentally Ill
    If you want to do things legally, you will inform the court of the father's severe mental illness, and explain that it might affect his ability to understand or respond to the proceedings. The court can then consider whether it's appropriate to appoint counsel or a guardian ad litem.

    Custody is a completely different issue from a name change.
  • 12-30-2014, 10:56 PM
    princessunikitty
    Re: Filing an Action When the Respondent is Mentally Ill
    yes, it is a different issue. But as you can imagine while this person is mentally ill and taking things out on me, it is something I need to consider. I just don't like to rock the boat so to speak.

    I will do. Thank you for your reply
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