NCP wants minor to have his last name

[hpuckett001]

What is the name of your state (only U.S. law)? Ohio

To sum it up: My son's biological father has petitioned the court to have our 19 month old son's last name changed from mine to his. We went to court October 19th, 2010 in the county my son and I reside in, and had child support and visitation decided upon. At the time the Judge told him that he had until October 19th, 2011 to make a motion to have our sons last name changed to his and appear in court for it. We have went back to court twice since then, each time the answer was the same, had to be done by October 19th, 2011.

He now has a lawyer out of his county and has filed for a motion to change our son's last name in his county. The motion was filed November 2nd, 2011. I was told to file a motion to dismiss on grounds of the case being in the wrong jurisdiction. But I don't know where or how to do this. Is he allowed to take me to court in his county instead of the county that our son resides in? Is he allowed to file the motion outside of the deadline that the court previously gave him? Is there a way all of this can be resolved without going to court? I don't drive and have no way to get to his county (the next one over). Any help would be appreciated.

 

[Just Blue]

What is the name of your state (only U.S. law)? Ohio

To sum it up: My son's biological father has petitioned the court to have our 19 month old son's last name changed from mine to his. We went to court October 19th, 2010 in the county my son and I reside in, and had child support and visitation decided upon. At the time the Judge told him that he had until October 19th, 2011 to make a motion to have our sons last name changed to his and appear in court for it. We have went back to court twice since then, each time the answer was the same, had to be done by October 19th, 2011.

He now has a lawyer out of his county and has filed for a motion to change our son's last name in his county. The motion was filed November 2nd, 2011. I was told to file a motion to dismiss on grounds of the case being in the wrong jurisdiction. But I don't know where or how to do this. Is he allowed to take me to court in his county instead of the county that our son resides in? Is he allowed to file the motion outside of the deadline that the court previously gave him? Is there a way all of this can be resolved without going to court? I don't drive and have no way to get to his county (the next one over). Any help would be appreciated.

Why are you posting this in the adoption forum?

 

[mistoffolees]

He now has a lawyer out of his county and has filed for a motion to change our son's last name in his county. The motion was filed November 2nd, 2011. I was told to file a motion to dismiss on grounds of the case being in the wrong jurisdiction. But I don't know where or how to do this. Is he allowed to take me to court in his county instead of the county that our son resides in? Is he allowed to file the motion outside of the deadline that the court previously gave him? Is there a way all of this can be resolved without going to court? I don't drive and have no way to get to his county (the next one over). Any help would be appreciated.

You already got the answer of what you need to do. You have to file a motion to dismiss on the grounds of the case being in the wrong jurisdiction. If you don't know how to do that - or are unwilling to learn (google self-help for your state), then you need an attorney.

The good news is that you can request that he be ordered to pay your legal expenses because his suit is frivolous, but there's no guarantee that you'll get it.