Can You Change Your Child's Name Without Agreement if Your Ex- Lives Out-of-State
My question involves a child custody case from the State of: Massachusetts
I think it makes perfect sense if my child has my last name, since ex's input as a parent (including financial input) is zero. On top of that, he's been deported to his home country recently. Also, i'm a sole custodian. Do i anyways have to ask him for consent to change my child's last name? I do not have his address to send a notice, of course. I do have an email though. So my major question is: are judges typically fine with Petitions for Name Change of a minor without consent or notice to the other parent? Or they'd make me try to find him somehow overseas? If that's the case, would email correspondence be sufficient? Any input is appreciated. Thank you!
Re: Do I Have to Ask Ex's Agreement to Change Child's Last Name, if He's Overseas
Generally speaking, Dad's consent would be required. You should consult with a local attorney regarding how to proceed given your particular circumstances.
Re: Do I Have to Ask Ex's Agreement to Change Child's Last Name, if He's Overseas
Having sole custody isn't the same as the other parent's rights being terminated completely. Just because he is deported doesn't remove his rights. Normally, if you can't have the other parent join in the action, you serve them or if that's not possible follow the publication requiements. Massachusetts do allow judge to waive the publication requirement for good cause (this sounds like a case where it's probably pointless). You should have an attorney assist you in drafting the peitition, order, and motions for waiving publication or making sure that if publiation is required it is done properly.
Then during the hearing, since you don't have consent of the ohter parent, you'll have to make a case that this is in the best interests of the child. Again, an attorney can help you with that argument. Not getting support from the father is *NOT* a reason.
Re: Do I Have to Ask Ex's Agreement to Change Child's Last Name, if He's Overseas
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flyingron
Having sole custody isn't the same as the other parent's rights being terminated completely. Just because he is deported doesn't remove his rights. Normally, if you can't have the other parent join in the action, you serve them or if that's not possible follow the publication requiements. Massachusetts do allow judge to waive the publication requirement for good cause (this sounds like a case where it's probably pointless). You should have an attorney assist you in drafting the peitition, order, and motions for waiving publication or making sure that if publiation is required it is done properly.
Then during the hearing, since you don't have consent of the ohter parent, you'll have to make a case that this is in the best interests of the child. Again, an attorney can help you with that argument. Not getting support from the father is *NOT* a reason.
I've already drafted the documents (everything, but motion for waiving publication, thank you for letting me know of that one!). By not getting support from him i meant that he pretty much abandoned our child, who doesn't even know him, since we got separated when he was an infant and ex hardly ever visited the first 6 months, then stopped visiting completely (was still in the country then). Hope that's convincing enough - all that's left from the father is the last name...
Re: Do I Have to Ask Ex's Agreement to Change Child's Last Name, if He's Overseas
Again, not getting support or seeing the child is NOT a reason in itself to permit the name change. The courts are ill-disposed of using a name change as an end-run around a formal rights termination procedure.
You're going to have to show some reason why the child is disadvantaged of having his actual father's surname.
Re: Do I Have to Ask Ex's Agreement to Change Child's Last Name, if He's Overseas
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flyingron
Again, not getting support or seeing the child is NOT a reason in itself to permit the name change. The courts are ill-disposed of using a name change as an end-run around a formal rights termination procedure.
You're going to have to show some reason why the child is disadvantaged of having his actual father's surname.
What does changing a child's last name (in this instance) have anything to do with terminating a parent's rights? When a court orders that a child's last name be changed from mom's to dad's I bet you don't consider that as an "end-run" around a formal rights termination of mom's rights? Why the heck should changing it from dad's to mom's be any different at all?
Mom hasn't mentioned a husband or anything like that so it doesn't appear to be an end run around a stepparent adoption. What ADVANTAGE does the child have having a totally absent, deported for good father's last name?
Re: Can You Change Your Child's Name Without Agreement if Your Ex- Lives Out-of-State
In the absence of consent, you will need to convince a court that it is in the child's best interest to change the child's name. Your ex- will be permitted to object through written filings, to be represented by a lawyer and, even though deported, may be able to get an accommodation such as participation by telephone. You are responsible to serve him with your petition.
Re: Can You Change Your Child's Name Without Agreement if Your Ex- Lives Out-of-State
Re: Do I Have to Ask Ex's Agreement to Change Child's Last Name, if He's Overseas
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llworking
What does changing a child's last name (in this instance) have anything to do with terminating a parent's rights? When a court orders that a child's last name be changed from mom's to dad's I bet you don't consider that as an "end-run" around a formal rights termination of mom's rights? Why the heck should changing it from dad's to mom's be any different at all?
Mom hasn't mentioned a husband or anything like that so it doesn't appear to be an end run around a stepparent adoption. What ADVANTAGE does the child have having a totally absent, deported for good father's last name?
What disadvantage is there? Come on.
Re: Do I Have to Ask Ex's Agreement to Change Child's Last Name, if He's Overseas
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Dogmatique
What disadvantage is there? Come on.
The sexism in flyron's post is what annoyed me.