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  1. #1
    Join Date
    May 2013
    Posts
    3

    Question Change of Last Name by the Sole Custodial Parent, Other Parent Absent

    My question involves name change laws in the State of: Wisconsin
    We have a confusing situation. My husband has had sole custody of my step son since 2011. My step son's mom was only given supervised visitation because of neglect. He has his mom's last name. The problem is, his mom jumped on a plane last year and didn't leave a forwarding address. The courts are having a hard time finding her because she owes us quite a bit of child support. So what do I do if no one knows how to find her? That was the purpose of her leaving the state.

    Also, the custody order was done in the county that my step son was born in, but we live 2 counties away. Do the forms we have to submit the forms to that clerk of courts or can we do it in the county we live in? I ask because she no longer lives in this state, and we don't live in that county, so I'm not sure if it's where the custody order was done or the county that he resides in.

    Do the courts typically have an age cut off? Is it typically a simple process or a drawn out process?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Change of Last Name by the Sole Custodial Parent, Other Parent Absent

    Right now you have to go to the courts that have jurisdiction. You can apply to have the venue changed. They may accept it but with the other parent missing in action, they may be hesitant since you obviously cannot serve her.


    Do the courts typically have an age cut off?
    18


    I ask because she no longer lives in this state
    If you don't know where she is, how do you know she is out of state?


    Is the custody a temporary or permanent situation?

    Generally, to change the name of a child, you have to show to the courts it is in the best interest of the child. You can apply to change the name. At this point, it will be up to the courts.

  3. #3
    Join Date
    May 2013
    Posts
    3

    Default Re: Change of Last Name by the Sole Custodial Parent, Other Parent Absent

    Thank you for answering my questions. She moved out by her mom to either Washington state or Oregon. She updated her Facebook page to her new location and when she moved and the courts were able to locate her once for child support but she immediately quit her job. We don't have access to her page anymore.

    Custody is permanent.

    My step son is 6 and has autism. He is just now learning to spell his first name. He's unaware of his last name right now, so we want to do it before he learns it and how to spell it. My husband, myself and our daughter (his 1/2 sister) all have the same last name, and we want to avoid future confusion for him.

    If I decide to apply for a venue change, which county do I submit that to? Does the child support case stay in that county or does it also switch to our county? Who's decision is it to grant the change of venue? I doubt they'll do it, but it's worth a try. Child support is dealt with in the court house, and they're aware that she's M.I.A, would that help?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Change of Last Name by the Sole Custodial Parent, Other Parent Absent

    just to be clear, by you I presume you mean your husband because you cannot actually do anything in this situation.


    If you are going to change venue, you would want to move everything to the new court.

    judges decision to allow or disallow the move


    here is a site concerning change of venue:

    http://dcf.wisconsin.gov/bcs/bulleti...2/CSB12-12.pdf

  5. #5
    Join Date
    May 2013
    Posts
    3

    Default Re: Change of Last Name by the Sole Custodial Parent, Other Parent Absent

    Thank you, that helps a lot. Yes, I do mean my husband. When I say I, I mean that I do most things that don't require a signature, and speaking in court.

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