Saturday, July 31, 2010

After a divorce,when minor children are involved, I need free legal advice on the fathers rights....?

Is it legal for the custodial parent (mother) to use a fraudulant last name for their child in school and when registering their child in organizations such as dance classes,athletic leagues,church,pagaents etc. against the non-custodial parents wishes? My husbands ex-wife is doing exactly this in our town. She refuses to refer to their daughter by my husbands last name (which is on her birth certificate) even though he has talked to her many times on this issue and it is confusing there daughter who is 12. Does my husband have a legal right to stop her from doing this?After a divorce,when minor children are involved, I need free legal advice on the fathers rights....?
It probably isn't fraudulent, and it may not be able to be stopped. Your husband might point out that it could create problems later -- when colleges want proof of things done, with social secutity etc. Lots of things will require legal names.





The only way to stop it is to go back before the court and make the case to the judge who granted custody that the practice will harm the daughter. I'd say it s 50/50 -- and the result may be that the ex will legally change the daughter's name, and then you'd have no argument.After a divorce,when minor children are involved, I need free legal advice on the fathers rights....?
I hate when C_Bar gets to a question before me. He'll make some client a damn fine lawyer.
You need to talk to the Legal Aid Society if you need free advice. If they can't help you directly, they may be able to refer you to someone who can.





I would agree that using a wrong name for the child is not correct. Is she substituting the step-father's name? Or what is her rationale? If the child does not even know her own name, she's going to have problems.
Actually yes there are serious legal problems with it. You need to go see a lawyer right away. It can cause horrid problems for the children now AND in the future.
who's last name is she using? hers or another mans? if its another mans last name. no she cant. if it is her maiden name yes she can. for instance if her maiden name was smith and her ex's was perry. she can register her daughter(lilly) as lilly smith.

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