My question involves a child custody case from the State of: Louisiana
The father of my children is going to prison for two counts of murder so my kids want there named changed . How can I do this without him consent?
My question involves a child custody case from the State of: Louisiana
The father of my children is going to prison for two counts of murder so my kids want there named changed . How can I do this without him consent?
You mean YOU want their name changed. Children do what they are told.
If YOU want their name changed, read the statute:
http://www.legis.la.gov/legis/Law.aspx?d=77843
You can either find forms on the internet, or at your courthouse, or you can hire a lawyer.
You might not need his consent, but you have to serve him a copy of the petition and he can file an objection, even from prison, if he wants to.
You can't change their names without his consent. How old are your children? Did he have a trial? If he did, was it in the same town the children live in ? Did the local news media cover it ?
No, Jack, I think the OP meant exactly what she said. The kids want their name changed. That kids do what they are told does not change the fact that kids do have their own wants. Surely you know that, right? If you don’t know that kids have their own wants then you must have never had one. :D
It may be that the OP wants the kids’ names changed, but that would not mean the kids don’t want the same thing.
Adults and especially children pay little to no attention to local news. Even when they listen or read it, they forget it in a day or two. That is why I asked about media coverage in the town the children live in. The age of the children has a lot to do with it being more mom than the children that want the name change. But, non of that means mom can get a name change without dads ok. Unless his name is not on the children's birth certificates.
If Google is steering me in the right direction, it's a double homicide case that was all over the news.
It's a double homicide ... it's going to be everywhere in the news. And some parents have no filter when it comes to discussing scandals when their kids are within earshot, perhaps not realizing that their kids - who likely go to the same school are OP's kids - will be talking about it.
I don't blame the children *or* the parent for wanting to change their names in this situation.
I live in Louisiana and I would have to do a search to find it. If the children do not live in the same town the murders occurred in. There may have been little to no media coverage where they live. Changing the children's last name does not remove the fathers name from their birth certificates or school records
But the school is prohibited from disclosing the student information to others except in very limited circumstances. It cannot disclose the information in its student files to the general public, including other students. Similarly, the state does not disclose copies of birth certificates to the public.
Getting back to the actual legal issue in the name change (leaving out the allegations as to the mother's motivations).
Louisiana is a bit different than many other states. No, just "serving" the father is not enough. He must consent. There are only three cases where the name change will be considered over his objections:
1. The other parent has refused or failed to provide court ordered support for at least one year;
2. The other parent has failed to support the minor for at least three years after custody was awarded; or
3. The other parent failed to support, visit, communicate or attempted to communicate with the minor without just cause for at least two years.
So, if one of these has happened, she's free to serve him in jail and take her chances with the judge. If none of these have occurred, then the judge should not consider the petition unless the father joins in.