Changing a Child's Name: She Changed My Son's Name Without My Consent.legally

dimanche 28 septembre 2014

My question involves name change laws in the State of: Maryland



I'd like to thank, in advance, whomever may reply to this post. It's been eating at me for 14 years now.

One random day, roughly 14 years ago, my son's mother broke the news to me that she had changed my son's name. A name given to him in honor of his late grandfather (my father) who had passed away approximately 4 years earlier. This was one of the more devastating moments of my life. At that point in my life, I wasn't willing or able to challenge her in any way. Some years later, when she and I began the child support process, I spoke to a family law attorney who told me she could absolutely change his name without my consent.



I'm now in a much better position to take action. The way it went down has always felt wrong. I was present when he was born, signed the birth certificate and have been present and active throughout his life, to spite what she might say. She was however, granted uncontested full custody.



From everything that I've been reading, it seems like my consent was necessary. One of the Marylad petition's (DRIN62) says "Ordinarily the court will look at whether all parents, guardians and custodians, as well as the child, are in agreement with the name change." and "It is usually preferable to submit the Petition with signed consents from all parents, guardians and custodians. Before preparing the Petition for Change of Name, contact each parent, guardian, or custodian." Another petition (DR62) has 3 check boxes asking if:



The other parent, guardian or custodian:

Consents to and joins this petition.

Has not consented at this time.

Cannot be found, and I have attached an Affidavit and Motion to Serve by Alternative Means.



In DRIN62, in your expert opinion, in what abnormal or unusual circumstances would my consent not be required? If she has full custody? Could she had said that I was violent and wanted to protect him? Could she had said that I had abondoned them? Could she had forged my signature? Am I allowed to see the court documents?



Now, at this point in my son's life, it would be unreasonable to change his name back, but can this be contested in any way? If she did something illegal, I want to have it addressed. My son never had a chance to meet his grandfather and as he is my only son, I will not be carrying on my family name.



I truly apologize for this long-winded story. If you've read this far, you have probably gathered that this has left a deep, unhealed wound. I've never actually put in words until now. I thank you again for your valuable time. I'm a CPA, if you need tax or financial advise, I'm at your disposal 😄





Changing a Child's Name: She Changed My Son's Name Without My Consent.legally

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