My question involves name change laws in the State of: TN
http://www.expertlaw.com/forums/showthread.php?t=167101
Go to that link to find out background info on my case.
I gave my son a hyphenated name in the hospital. My maiden name and his dad's name. When my son was a year old (January 2014), we went to court because my ex had filed for a name change. The judge awarded his name change and took out solely my maiden name.
I appealed. I have been thinking for the past year and 4 months that my appeal was pending. I recently fired my attorney. I went for a consultation with a new attorney and discovered that the appeal was dismissed last May.
My ex currently has a motion of contempt against me for not teaching the child his new name. I thought the case was under appeal, and was confident the mistake would be corrected. Plus, I never intend to give up on this, because it's a civil rights issue. The court said I did not have the consent of the father to name the child--but if he would have named him, I would not have consented. We disagreed on the name. Neither of us would have consented to an agreed-upon name because we would not have agreed. So that basis makes no sense.
I am thinking I am not going to have enough money to get a new attorney. I am all about having an attorney, but I am not sure how to communicate to y'all that it is not possible for me to pay an attorney anymore.
So I am going to go file a pro-se motion for a name change. I need to stay as objective as possible and try not to get my emotions into it. If any of you have any ideas on the best way to word this, or what to focus on vs. what not to focus on, that will help.
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I should add that I have taught the child the name he was born with and that is the only name he knows. I am aware this will look bad against me. But honestly, there would have been no winning for me here. I didn't do what my husband asked me to do in the hospital, so he punished me. That's what this boils down to.
Also, I had the decency to give the child both names. He acts like I just gave him mine. I almost wish I had. But I won't go that far.
Changing a Child's Name Back to the Birth Name
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03-31-2015, 07:09 AMburkaChanging a Child's Name Back to the Birth Name
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04-01-2015, 05:20 AMMr. KnowitallRe: Changing a Child's Name Back to the Birth Name
If the judge has already ruled on the issue, with the only material difference between then and now being that you did not file a timely appeal, I suggest saving your money.
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04-01-2015, 08:02 AMCourtClerkRe: Changing a Child's Name Back to the Birth Name
Exactly what Mr. KIA said. You're going to file a motion for a name change for it to be thrown out of court based on res judicada. The decision was not a mistake, so you wouldn't have anything to appeal even IF your appeal had been filed timely. Appeals are not for "I don't like the decision," they're for material errors in the law. You've indicated nothing that says the judge made a mistake in interpreting the law, he was presented with both sides of the argument and he made a decision. The decision just didn't go in your favor.
So I would start teaching the child his name. Should the court start seeing a pattern of doing what you want, even when there is a court order in place, you may find yourself being the noncustodial parent. -
04-01-2015, 10:37 AMDogmatiqueRe: Changing a Child's Name Back to the Birth NameOkay. Perfectly legal.Quote:
Quoting burka
Likely because there was no legal basis for an appeal. Where was the error of law?Quote:
I appealed. I have been thinking for the past year and 4 months that my appeal was pending. I recently fired my attorney. I went for a consultation with a new attorney and discovered that the appeal was dismissed last May.
What civil rights would those be? You "never intend" to give up? Are you out of your mind?Quote:
My ex currently has a motion of contempt against me for not teaching the child his new name. I thought the case was under appeal, and was confident the mistake would be corrected. Plus, I never intend to give up on this, because it's a civil rights issue.
The court apparently saw right through you.Quote:
The court said I did not have the consent of the father to name the child--but if he would have named him, I would not have consented. We disagreed on the name. Neither of us would have consented to an agreed-upon name because we would not have agreed. So that basis makes no sense.
The matter has already been litigated.Quote:
I am thinking I am not going to have enough money to get a new attorney. I am all about having an attorney, but I am not sure how to communicate to y'all that it is not possible for me to pay an attorney anymore.
So I am going to go file a pro-se motion for a name change. I need to stay as objective as possible and try not to get my emotions into it. If any of you have any ideas on the best way to word this, or what to focus on vs. what not to focus on, that will help.
Look bad? You've essentially given the middle finger to both the court AND the judge himself.Quote:
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I should add that I have taught the child the name he was born with and that is the only name he knows. I am aware this will look bad against me. But honestly, there would have been no winning for me here. I didn't do what my husband asked me to do in the hospital, so he punished me. That's what this boils down to.
Also, I had the decency to give the child both names. He acts like I just gave him mine. I almost wish I had. But I won't go that far.
This should never have been about you "winning". If you insist on continuing down this path, expect to have your petition denied, expect to be found in contempt, and expect to pay Dad's legal fees.
To start with. -
04-01-2015, 02:15 PMLawResearcherMissyRe: Changing a Child's Name Back to the Birth Name"I can't afford an attorney". There.Quote:
I am all about having an attorney, but I am not sure how to communicate to y'all that it is not possible for me to pay an attorney anymore.
But you don't need one of those anyway, because the court has already ruled, and you lost.
Whose "civil rights" do you fancy are being violated here?
When your son reaches the age of majority, he can petition the court himself to change his name, if he so desires. But I expect that if you continue in this fashion, he's going to change it to Marvin Martian and disappear. -
04-04-2015, 09:09 AMburkaRe: Changing a Child's Name Back to the Birth Name
So I don't have an equal right to be in the name as he does?
And if I'm representing myself pro-se, can I request my consequence be jail time so they don't take money from me? I literally have no money. I don't even have money to pay my bills this month.
Just because the court order is valid doesn't mean it's morally right. I cannot do what the court is asking me to do.
Please keep your indignation to a minimum. I'm very passionate about this subject. This case will serve as proof to my child of our litigation battle. So I'm trying my hardest to make sure he doesn't find out about it.
One more question: can I plead the 5th? (Does that apply to this?)
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Mr. KIA, I think you mis-read that. I did file the appeal immediately after the ruling. I just didn't know it had been dismissed until a year later. -
04-04-2015, 09:19 AMCourtClerkRe: Changing a Child's Name Back to the Birth Name
You are making this much more difficult than it has to be. You're saying you'd rather have a criminal record and go to jail instead of raising your child and further make it harder to get a job
You don't have money to pay your bills. Why isn't all this energy put towards bettering your place in life? Your priorities are skewed. Teach the child his legal name and move on. You've got nothing anyway. -
04-04-2015, 09:37 AMburkaRe: Changing a Child's Name Back to the Birth Name
You don't know anything about me. I'm in graduate school. I'm a teacher. I do both. And I raise my son. That's what this is about. Him. Not me.
Please stop dismissing me and answer my questions.
Can I plead the 5th?
Can I request jail time over paying attorney fees?
I doubt I'd get more than a couple nights over contempt of court anyways. I could do that on the weekend, when I don't have the child. -
04-04-2015, 09:54 AMDogmatiqueRe: Changing a Child's Name Back to the Birth NameQuote:
Quoting burka
You clearly have no interest in doing anything other than try to stick it to Dad, and ignore the court in the process.
Good luck with that.
Don't come back whining when you end up being the NCP, and are paying child support to Dad. -
04-04-2015, 10:06 AMcbgRe: Changing a Child's Name Back to the Birth Name
I don't see any way in which the 5th amendment would be applicable here.
There was one very well publicized case where someone got 25 months -yes, that was months - for contempt of court.