Illegal Name Change of a Minor

[Skypilot4]

What is the name of your state (only U.S. law)? Arizona. I was divorced and still live in the state of Arizona. I have gone through years and years of court battles with my ex-wife and I cannot get anywhere.

Two years ago, she tricked me into letting her moved out of state to Illinois with my, than, two minor daughters. My oldest is now 18 and this situation may not be applicable to her but my youngest turned 17 last September of 2009. I just found out, February 22, 2010, that on August 24, 2009, my ex-wife got court approval to change their last name from my name to their step-father's last name without any notification to me. My youngest is still a minor. I did not give up my paternal rights or gave them up for adoption.

Do I have any grounds here and is my ex-wife in hot water? If so, is it criminal or civil? Or, can my ex keep twisting this knife in my back?

Thanks for your help!

 

[Proserpina]

What is the name of your state (only U.S. law)? Arizona. I was divorced and still live in the state of Arizona. I have gone through years and years of court battles with my ex-wife and I cannot get anywhere.

Two years ago, she moved out of state to Illinois with my, than, two minor daughters. My oldest is not 18 and this situation is not applicable but my youngest is turned 17 last September of 2009. I just found out that my ex-wife had filed and got approval to change their last name from my name to their step-father's last name without any notification to me. I have not given up my paternal rights or gave them up for adoption.

Do I have any grounds here and is my ex-wife in hot water?

Thanks for your help!

Have you moved from the area? Could you have been served via publication?

 

[Gracie3787]

What is the name of your state (only U.S. law)? Arizona. I was divorced and still live in the state of Arizona. I have gone through years and years of court battles with my ex-wife and I cannot get anywhere.

Two years ago, she tricked me into letting her moved out of state to Illinois with my, than, two minor daughters. My oldest is now 18 and this situation may not be applicable to her but my youngest turned 17 last September of 2009. I just found out, February 22, 2010, that on August 24, 2009, my ex-wife got court approval to change their last name from my name to their step-father's last name without any notification to me. My youngest is still a minor. I did not give up my paternal rights or gave them up for adoption.

Do I have any grounds here and is my ex-wife in hot water? If so, is it criminal or civil? Or, can my ex keep twisting this knife in my back?

Thanks for your help!

Does your ex know where you live?

Have you been exercising your visitation rights?

Why didn't you find out about the name change until at least 7 months after ex filed for the change?

 

[Skypilot4]

What is the name of your state (only U.S. law)? Arizona. I was divorced and still live in the state of Arizona. I have gone through years and years of court battles with my ex-wife and I cannot get anywhere.

Two years ago, she tricked me into letting her moved out of state to Illinois with my, than, two minor daughters. My oldest is now 18 and this situation may not be applicable to her but my youngest turned 17 last September of 2009. I just found out, February 22, 2010, that on August 24, 2009, my ex-wife got court approval to change their last name from my name to their step-father's last name without any notification to me. My youngest is still a minor. I did not give up my paternal rights or gave them up for adoption.

Do I have any grounds here and is my ex-wife in hot water? If so, is it criminal or civil? Or, can my ex keep twisting this knife in my back?

Thanks for your help!

Thank you for your reply! I have not moved in the past 5 years and my ex-wife knows where I live. I just received a registered letter from her 2 weeks ago. And when and if I move, I would send notice to the court and her.

I cannot exercise my visitation right because she has not been complying with me. I have asked for visitation and vacation with my daughters by letter and she continually objects and that she has something else going on at that time. As well, I have been out of work for 2 years and can't afford to get there but have tried.

She does not tell me anything. The only way I found out was by calling the high school where my daughter goes to get some additional information and they told me my daughter had a name change.

 

[LdiJ]

Thank you for your reply! I have not moved in the past 5 years and my ex-wife knows where I live. I just received a registered letter from her 2 weeks ago. And when and if I move, I would send notice to the court and her.

I cannot exercise my visitation right because she has not been complying with me. I have asked for visitation and vacation with my daughters by letter and she continually objects and that she has something else going on at that time. As well, I have been out of work for 2 years and can't afford to get there but have tried.

She does not tell me anything. The only way I found out was by calling the high school where my daughter goes to get some additional information and they told me my daughter had a name change.

It might not have been a legal name change...and if it was, the children would have had to agree to the change, due to their ages.

If you have done nothing more than write letters (no attempts at court enforcement of visitation rights or payment of child support) in the last two years, she might have been able to get away with that. However, she would have had to serve you.

For all practical purposes, it may be too late for you to do anything. It certainly is for the 18 year old, and sometimes judges won't buck the wishes of a 17 year old. In any case, in less than a year your youngest will be 18, and then, whatever relationship you have with your children will be between you and the children. They will no longer be subject to court orders.

 

[Skypilot4]

LdiJ, Gracie3738 and Proserpina

Thank you very much for your questions, comments and advice.

Good luck with your endures.

 

[Isis1]

just to let you know....you won't be able to "punish" the ex-wife in any way. it doesn't work like that.

 

[ecmst12]

If you'd been proactive, you could have forced mom to be compliant with the court ordered visitation. But you didn't care enough to take her to court, apparently. You ALLOWED her to keep you away from your children. No wonder he doesn't want your name.