Name change and petition for change of custody?

[Fatherof4]

What is the name of your state? MS

I am currently trying to change custody of my son from my x to myself. My son has a hypenated last name (apparently the mother can put whatever she wants on the BC). My x has been served with the petition with what I am asking the courts for in it. I want to change my son's last name to my name only. Can I (my attorney) request this at the custody hearing although it's not in the petition?
Also, I would like your opinion (I know, I'm asking for it) as to the odds of the judge changing his name and any advice you may have.

 

[stealth2]

Generally, the other party needs to be aware of the issue that's going to be raised within a certain time period so that s/he is able to prepare a defense/response.

It's impossible to say whether the judge will allow the name change or not. It all depends on what your reasoning is, the age of the child, etc.

As for custody, it's not a simple thing to change once established.

 

[Fatherof4]

I'm not really worried about the custody since she didn't show up at the initial hearing and I got temp sole custody.

My son is 4. His mother is has married for the 3rd time and no longer has that half of his last name. He is my only son and I would like to have him carry on my last name.

 

[Fatherof4]

So if she appears (it is doubtful she will have an attorney) the judge will deny the request to change his name because it wasn't in the petition?

What if she doesn't show up?

 

[stealth2]

The judge will NOT rule on something that she was not informed of. She is legally entitled to formal and timely notice of ANY action you seek. Her appearance or lack of it is completely beside the point - you don't just get to add things to your potion because she's not there and you can pull one over on her.

 

[Fatherof4]

What could I do ahead of time (next hearing won't be until April) to inform her so I could do it at the same time as the custody?

 

[stealth2]

You'd have to file some sort of amendment to your motion and have her served in a timely manner - how ever far ahead of your hearing your state requires.

 

[Fatherof4]

Ok, I can understand that. I may do it seperate from the custody but then I don't want to keep dragging her out here.

No more alternatives? This is something that is really important to me and I think will be important to my son one day.

 

[stealth2]

Sure - wait until he's 18 and then he can do it on his own. But while he's a minor, you'd need either her consent (as she would need yours to change it) or a court order.