QUESTION
Can I change my childrens last name and move to another state?
Asked on Aug 23rd, 2011 on Child Custody - Colorado
More details to this question:
I have been divorced for 3 years, and he has had no contact with the children or paid child support in over 2 years. I have full custody. Can I change my children's and my last name to my maiden name? I have the opportunity to move to another state, what is needed for this being as he has had no contact for 3 years?
18 ANSWERS
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You must petition the Court for a name change.
Answered on Jul 03rd, 2013 at 10:19 PM
Glen Edward Ashman
Maybe. A lawyer's help is needed at this point.
Answered on Jul 03rd, 2013 at 10:18 PM
It's not simply the contact or the custody - need to check the removal statute. The contact is relevant if you are applying to terminate parental rights through children's court.
Answered on Aug 24th, 2011 at 7:17 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No. You would need the father's permission to change their last name, and you also must comply with the relocation statute prior to moving more than 50 miles from your current residence or moving out of State. If you are intending on moving, you need to obtain his written consent or prior court approval. Otherwise, you will be violating Florida law. You should consult with an attorney as the process can be very detailed and has multiple requirements in order be properly complied with.
Answered on Aug 24th, 2011 at 6:51 PM
Roianne Houlton Conner
If there is a Parent Child Relocation Clause in your divorce documents you have to get permission from the Court in which you were divorced and where you were awarded custody of the children.
Answered on Aug 24th, 2011 at 5:38 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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To change the children's names, he will need to be notified and served with the petition requesting the name changes. As to moving, you will need to file and serve a notice of intended relocation and new parenting plan (see section 3.14 of your parenting plan RCW 26.09.430-.480).
Answered on Aug 24th, 2011 at 5:37 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Check your dissolution judgement - and/or any custody orders involved in the matter. If your custody order is governed by California law, then (in most cases) in order to move out of state you must either have Dad's consent or obtain an order from the court. The process is called a "move-away" hearing. Sole custody is a large factor in the determination, but it is not dispositive. The court will base its determination on what is best for your children - if Dad hasn't bothered to see them in 3 years, then you are very likely to get the court's consent to a move. Your current order may also have a clause stating that you may not change the children's names without consent or an order. Your order may not include this clause; but even so, your safest bet is to get an order from the court allowing it. Honesty with dad and with the Court is your best option. Otherwise, dad may object to the name change and/or the move and even though he has been absent, a court will *not* be pleased with your unilateral behavior. Really think about whether moving away from Dad is the best idea for your children. I do not know the circumstances or why dad has been absent for three years; but even so, this is your children's father and they may have some deep ties to the man. Absent an abusive situation, you want them to have access to him if/when he recognizes the important role he has in their lives. My advice would be to start with a letter requesting Dad's permission to move and/or change their name. Save a copy. If dad doesn't respond, file a request with the court and attach the letter as proof that you are being as cooperative as possible. Dad may or may not respond to the court paperwork, but your forthrightness and honesty will get you much farther than any attempt to be covert.
Answered on Aug 24th, 2011 at 5:23 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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You would be better off filing a Petition to Terminate Parental rights assuming all the facts in the inquiry are correct. No contact and no support are very good facts supporting your position. This is one way that you could accomplish the results you want in one bundle. If he responds then these cases do require a trial, if he does not respond and does not show up at the hearing then you may be granted all you want by default. The Family Court's Self help Center has all that you need in order to file the correct documents. Meeting with counsel and having an attorney do this is sometimes easier.
Answered on Aug 24th, 2011 at 5:15 PM
It sounds like there are three separate issues here. First, changing your name. You can change your name any time you want. It should not be a major problem. Second, changing your children's name. The court is not going to let you change your children's names without notice to the father and an opportunity for him to be heard on the subject. As a practical matter, that's going to mean serving a summons and petition on him and setting up a hearing date. If he does not respond or appear at the hearing, then, chances are the court will let you make the change. Third, moving to another state. I assume that you have a parenting plan. The parenting plan has in it a short summary of the Washington Relocation Act. To move the children, you are going to have to comply with the terms of the relocation act.
Answered on Aug 24th, 2011 at 4:54 PM
You have a good case to terminate his parental rights. Filing a Petition to change the name of the minor children may require the father's consent unless his rights are terminated. Contact the father, even if you are just mailing a letter to his last known address (and keep the letter if it is returned to you) notifying him of your intent to move to another state.
Answered on Aug 24th, 2011 at 10:54 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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You are guided by the terms of your judgment. If in don't file an OSC with the court to request the move.
Answered on Aug 24th, 2011 at 10:13 AM
Patricia C. Van Haren
You would need to file a request with the court for a move away order. He would need to contest the request if he wanted to prevent you from moving. You will also need to file a Petition to Change the names of your children. Your ex husband must be personally served with the notice for each hearing. If he does not show up, the court will likely grant your request.
Answered on Aug 24th, 2011 at 10:10 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Your question depends upon what your custody order says, but you will likely need to file a motion to get permission to move. You will need to file a separate petition to change their last name (you can file a document on your divorce case to restore your maiden name).
Answered on Aug 24th, 2011 at 10:03 AM
You can always change your name but you cannot change your children's last name without his permission or court order.
Answered on Aug 24th, 2011 at 9:50 AM
No. NRS 125C.200 Consent required from noncustodial parent to remove child from State; permission from court; change of custody. If custody has been established and the custodial parent intends to move his or her residence to a place outside of this State and to take the child with him or her, the custodial parent must, as soon as possible and before the planned move, attempt to obtain the written consent of the noncustodial parent to move the child from this State. If the noncustodial parent refuses to give that consent, the custodial parent shall, before leaving this State with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent.
Answered on Aug 24th, 2011 at 8:54 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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First, you need to file a Petition for Change of Name and give notice to the childrens' father to lawfully change their name. Second, it would be risky at best to move and then possibly be ordered to return. If the action you propose is really in the children's best interest, then hire a lawyer to follow the new "Relocation Law" requirements to be safe.
Answered on Aug 24th, 2011 at 8:53 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, the fact he hasn't paid support is irrelevant. If you want to relocate, look at the requirements for relocation in your parenting plan to get started. Do you have a good reason for moving? You probably can't change the children's names without a court order and a court probably won't give you that right, particularly if the father objects.
Answered on Aug 23rd, 2011 at 8:49 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado you need to file a petition in the original divorce case to ask the court for the name change. You will have to notify the father of the petition and he will have an opportunity to object. Whether you are permitted to move to another state depends first on whether the parenting plan that allocates parental responsibilities permits or prohibits that relocation without the father's consent or court approval. You need to examine that court order and then consult an attorney on how to proceed.
Answered on Aug 23rd, 2011 at 8:16 PM