ncp threatens with lawyer garantee

[tinam0308]

What is the name of your state? Illinois. I have previous shared my situation concerning a name change, that the ncp is insisting on. Today, I asked him if he would please consider our daughter's feeling on this. He told me he spoke with his attorney, and his attorney guaranteed him, that he would be granted the name change. Is that possible? I am asking for a GAL for my daughter, when we do to court. As far as, I have read, there has to be clear evidence that the name change is in the best interest of the minor child. She is eight years of ago. Can you please give me some good advice on the likely hood of this situation. I really don't know that laws, and I can't afford an attorney for myself. His reason for the name change is because our daughter has my then last name, which was my ex-husband's. and he thinks that stated that she is my ex-husband's daughter. We had a dna done, I thought that proved who's daughter she was, not a name.

 

[CJane]

What is the name of your state? Illinois. I have previous shared my situation concerning a name change, that the ncp is insisting on. Today, I asked him if he would please consider our daughter's feeling on this. He told me he spoke with his attorney, and his attorney guaranteed him, that he would be granted the name change. Is that possible? I am asking for a GAL for my daughter, when we do to court. As far as, I have read, there has to be clear evidence that the name change is in the best interest of the minor child. She is eight years of ago. Can you please give me some good advice on the likely hood of this situation. I really don't know that laws, and I can't afford an attorney for myself. His reason for the name change is because our daughter has my then last name, which was my ex-husband's. and he thinks that stated that she is my ex-husband's daughter. We had a dna done, I thought that proved who's daughter she was, not a name.

So, the daughter is currently carrying a different last name then you, and a different last name than her father? The last name that she has doesn't belong to any legal or biological relative?

I'm still not understanding what your issue is with the name change. In your previous thread about this, you stated that you had agreed to the name change, but then changed your mind because the father isn't paying you support, and isn't seeing the child as much as you would like. Frankly, those aren't really good reasons to fight this.

You're going to be fighting an uphill battle, convincing the judge that you've changed your mind for some reason OTHER than the CS and visitation issues. It's going to be difficult to convince him that while you agreed before, you've changed your mind. And, while your daughter is old enough to speak her mind (I know MY 8 year old does so quite well LOL), she's probably not old enough for the judge to really take what she has to say into consideration.

Here's what I found as it regards Illinois law...

Is there any reason why a petitioner might not be allowed to change their name? Yes. The court must find that the statutory requirements have been satisfied and that there does not appear to be a reason why the name change should not be granted. The name change as to a minor will be granted only when the court finds by clear and convincing evidence that the change is necesary to serve the best interests of the child.

You're going to have to prove that the name change isn't in your child's best interest, he's going to have to prove that it is.

If I were the judge? I'd decide that the child sharing a name with one parent was a good thing. But no one knows how YOUR judge will order.

 

[tinam0308]

ncp threatens...

she shares the same last name as her brothers, who she resides with. It was my last name, at the births of all three children. The only issue I have is that our daughter has expressed to my her desire to keep her name the same. I was wrong in assuming that she would be ok, with it. Infact, I was hopeful. Because she adapted so well to visitations. As her mother, I need to let her be heard. Don't I have the right to help her, if she asks for it. This isn't about my wants, here. but I think she should have a right to be heard, if she desires to be. What is so wrong about that?

 

[CJane]

she shares the same last name as her brothers, who she resides with. It was my last name, at the births of all three children. The only issue I have is that our daughter has expressed to my her desire to keep her name the same. I was wrong in assuming that she would be ok, with it. Infact, I was hopeful. Because she adapted so well to visitations. As her mother, I need to let her be heard. Don't I have the right to help her, if she asks for it. This isn't about my wants, here. but I think she should have a right to be heard, if she desires to be. What is so wrong about that?

There's nothing at all wrong with letting her be heard. But, you have to understand that in the eyes of the law, she's a child who doesn't have a whole lot of say in what happens to her.

And, you're contradicting yourself. You originally stated that you didn't want him to be able to change the name because you don't think he's 'serious' about being her father. And then, you changed the story to the daughter not wanting the change.

You have to prove that it's not in her best interests. That's a LOT different than her just not 'wanting' to change her name.

 

[tinam0308]

ncp threatens...

and the only way i can do that is let her be heard by a GAL, then she stays her feelings on the issue....not mine....not his.

I don't want her to be influenced is any way. If I spoke for her, wouldn't the judge feel I was putting words in her mouth? I am looking towards the best interest of our daughter, by letting her speak her own words. If she tells them she wants it changed, then great! It's doing what the law states in the best interest of the child. Her interest...not mine....not his.

 

[casa]

she shares the same last name as her brothers, who she resides with.

IMO- this is the only legitimate reason for keeping her name the way it is...that she wants to be the 'same' as her siblings. It doesn't make much sense legally, though, to have a name which belongs to neither of her biological parents. A compromise could be to hyphenate her name to be her first name, middle name, current last name, hyphen, her father's last name.

 

[rmet4nzkx]

An 8 yo child shouldn't have to bear the burden of the consequenses of your afair while married. DNA proved him to be the father and you are making the whole situation much wrose than it needs to be. There is no reason to deny her father his rights because of your FRAUD. You are responsible for this problem, not the father or your daughter. Of course you can fight it and pay for a GAL who will also see right through your little plot. STOP playing games with your child and grow up and be responsible for your actions.

 

[critterperson]

What is the name of your state? Illinois. I have previous shared my situation concerning a name change, that the ncp is insisting on. Today, I asked him if he would please consider our daughter's feeling on this. He told me he spoke with his attorney, and his attorney guaranteed him, that he would be granted the name change. Is that possible? I am asking for a GAL for my daughter, when we do to court. As far as, I have read, there has to be clear evidence that the name change is in the best interest of the minor child. She is eight years of ago. Can you please give me some good advice on the likely hood of this situation. I really don't know that laws, and I can't afford an attorney for myself. His reason for the name change is because our daughter has my then last name, which was my ex-husband's. and he thinks that stated that she is my ex-husband's daughter. We had a dna done, I thought that proved who's daughter she was, not a name.

Tinam0308,

Tell him fine you will change her name................To your name! If you want get your current name added to hers, and it should stop him in his tracks..............Because currently he might have a case given that your name is not the same as your daughter.........But if you rectify that it shouldn't be an issue.............

 

[tinam0308]

ncp threatens....

An 8 yo child shouldn't have to bear the burden of the consequenses of your afair while married. DNA proved him to be the father and you are making the whole situation much wrose than it needs to be. There is no reason to deny her father his rights because of your FRAUD. You are responsible for this problem, not the father or your daughter. Of course you can fight it and pay for a GAL who will also see right through your little plot. STOP playing games with your child and grow up and be responsible for your actions.

OK! IF I THOUGHT YOU EVEN A AN INKLING OF WHAT ARE TALKING ABOUT, I MIGHT TAKE YOUR ADVICE.

 

[rmet4nzkx]

OK! IF I THOUGHT YOU EVEN A AN INKLING OF WHAT ARE TALKING ABOUT, I MIGHT TAKE YOUR ADVICE.

Don't pull an attitude with me. You already asked this question and locked the thread because you didn't like the responses. Fact is you already agreed to this and the problem is that you put another's man's name, not yours, on her birth certificate when you knew he wasn't the father, that is fraud. Your only reason for your latest attitude is to get back at the father and to disrupt his relationship with his child.

 

[LdiJ]

What is the name of your state? Illinois. I have previous shared my situation concerning a name change, that the ncp is insisting on. Today, I asked him if he would please consider our daughter's feeling on this. He told me he spoke with his attorney, and his attorney guaranteed him, that he would be granted the name change. Is that possible? I am asking for a GAL for my daughter, when we do to court. As far as, I have read, there has to be clear evidence that the name change is in the best interest of the minor child. She is eight years of ago. Can you please give me some good advice on the likely hood of this situation. I really don't know that laws, and I can't afford an attorney for myself. His reason for the name change is because our daughter has my then last name, which was my ex-husband's. and he thinks that stated that she is my ex-husband's daughter. We had a dna done, I thought that proved who's daughter she was, not a name.

If your daughter honestly doesn't want her last name changed then its not unreasonable to change your mind regarding the agreement. If children are old enough to have a preference, and actually HAVE one, their wishes should at least be heard.

However you DID sign the agreement, therefore you may be held to it even if its not what the child wants.

I also agree that a name doesn't make or break a relationship between a parent and child.

 

[tinam0308]

ncp threatens...

Don't pull an attitude with me. You already asked this question and locked the thread because you didn't like the responses. Fact is you already agreed to this and the problem is that you put another's man's name, not yours, on her birth certificate when you knew he wasn't the father, that is fraud. Your only reason for your latest attitude is to get back at the father and to disrupt his relationship with his child.

the last name she has, was the last name i had at the time of her birth. I divorced and kept my married name. DUH! besides, attorney says, there is NOTHING, he can do. infact, if he doesn't want to argree to the change of both our names, I don't have to even get her his name at all. In fact, the worse thing that could happen with that her name will stay the same. Sorry about the attitude, it's just i don't like talking to people that don't have knowledge of what they are talking about. it seems to be a waist of my time.

 

[rmet4nzkx]

the last name she has, was the last name i had at the time of her birth. I divorced and kept my married name. DUH! besides, attorney says, there is NOTHING, he can do. infact, if he doesn't want to argree to the change of both our names, I don't have to even get her his name at all. In fact, the worse thing that could happen with that her name will stay the same. Sorry about the attitude, it's just i don't like talking to people that don't have knowledge of what they are talking about. it seems to be a waist of my time.

Then why are you wasting our time if you think you already know the answer.