name change

[tinam0308]

I spoke with the ncp, today, in regards to our daughter's wishes to not have her name changed, I asked him to please take her feelings into consideration. His reply, "Well, it's gonna happen." So, I went to the court house and filed a motion to withdraw my original agreement to the change, due to our daughter's desire to keep her birth given name. when we go to court on this, and if the ncp still insists, that the name be changed. Do I have a right to have someone through the court, hear our daughter's concerns, and speak for her. How do I do that, without hiring an attorney.

 

[tinam0308]

ncp also stated to me that, the name our daughter has now is my ex-husband's, whom I have divorced. what he fails to realize that at the time of her birth, that way MY last name. bruised ego. he had every chance to change her name/ sign the birth certificate during the first year of her life. he made the dicision then to walk away. he blames his drinking problem, on the wrong decisions he has made. Why should our daughter have to pay for his irresponsibility, 7 years later?

 

[Zephyr]

does your child have a GAL yet? if not request one, you may end up paying for it entirely, but you feel strongly about this issue, and it seems as if your child does too, the GAL would listen to the child, he is there to represent the child's interests, and make a recommendation to the judge. Then if the GAL agrees that it is in your child best interest to keep her birth name it would be your lawyer (and you) requesting no change AND the GAL (and your daughter) requesting no change, the judge may still rule in your exes favor but going in the numbers would be on your side.

 

[tinam0308]

what is a GAL, and where do it get one? I don't have an attorney, I cannot afford one.

 

[Zephyr]

Guardian Ad Litem, that would be an attorney for your child, if you (and your child) feel that strongly about keeping the name the same at least request a GAL from the court, many times they split the fees equally between the parents, in my state they do, but you may have to pay for it all yourself. I think, at least in my state, there is no big retainer up front for the GAL, you pay their fees through the court, this is the person who WILL look at what's best for your child and relate that info to the judge, otherwise how will the judge know what your child wants?

 

[tinam0308]

exactly! thank you so much, I truely appreciate your concern for our daughter's best interest. And I can request this in court, and then have to file a motion for it. or will it happen that day in court?

 

[snostar]

ncp also stated to me that, the name our daughter has now is my ex-husband's, whom I have divorced. what he fails to realize that at the time of her birth, that way MY last name. bruised ego. he had every chance to change her name/ sign the birth certificate during the first year of her life. he made the dicision then to walk away. he blames his drinking problem, on the wrong decisions he has made. Why should our daughter have to pay for his irresponsibility, 7 years later?

Do you currently hold the same last name as your daughter?
You can request a GAL in court.