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  #1  
Old 08-10-2009, 01:38 PM
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Too Strange to make a Title!

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

My son and daughter-in-law are divorced. He has primary custody and she gets the kids two weekends plus two weekdays on alternating weeks.

My son is remarried and is estranged from us and out of spite has changed his last name, taking his wife's last name.

The question then, is, Can he change the last names of our grandchildren without the consent of his ex-wife?

thanks
  #2  
Old 08-10-2009, 01:50 PM
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Probably not.

EX wife needs to deal with this

As grandparents you have little stake in this.

Put it this way - the court, if it allows this name change, will not care that your grandchildren will not carry your name.

Your grand children will remain your grandchildren legally even if the name is changed AND if you have any visitation rights and such they will be retained.
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  #3  
Old 08-10-2009, 04:27 PM
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Quote:
Originally Posted by markhillis1 View Post
What is the name of your state (only U.S. law)? Arizona

My son and daughter-in-law are divorced. He has primary custody and she gets the kids two weekends plus two weekdays on alternating weeks.

My son is remarried and is estranged from us and out of spite has changed his last name, taking his wife's last name.

The question then, is, Can he change the last names of our grandchildren without the consent of his ex-wife?

thanks
I'll disagree with xylene. There's not enough information to answer this. If he has sole legal custody, he can probably change their names without permission from his ex wife. If it's joint legal custody, then he would probably need her permission.

I do agree with the part that the grandparents have nothing to say about it.
  #4  
Old 08-10-2009, 04:37 PM
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Originally Posted by mistoffolees View Post
If he has sole legal custody, he can probably change their names without permission from his ex wife.
Nope - that's not the way it works...
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  #5  
Old 08-10-2009, 06:01 PM
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Originally Posted by Zigner View Post
Nope - that's not the way it works...
[url=http://www.avvo.com/legal-answers/child-name-change-18121.html]Child name change - Family - Avvo.com[/url]

[url=http://www.expertlaw.com/forums/showthread.php?t=75637]Child's Name Change by Sole Managing Conservitor[/url]

[url=http://www.lawguru.com/legal-questions/georgia-family-divorce-custody-adoption/child-change-married-daughters-previous-22392659/a]Free Legal Question in Georgia Family Law, Divorce, Child Custody and Adoption - LawGuru Answers: Ask an Attorney a Free Legal Question[/url]

And lots more.

It's not automatic - OP will have to petition the court for the name change to take effect, but if she has sole legal custody, she will probably be able to do that.
  #6  
Old 08-10-2009, 08:54 PM
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Quote:
Originally Posted by mistoffolees View Post
[url=http://www.avvo.com/legal-answers/child-name-change-18121.html]Child name change - Family - Avvo.com[/url]

[url=http://www.expertlaw.com/forums/showthread.php?t=75637]Child's Name Change by Sole Managing Conservitor[/url]

[url=http://www.lawguru.com/legal-questions/georgia-family-divorce-custody-adoption/child-change-married-daughters-previous-22392659/a]Free Legal Question in Georgia Family Law, Divorce, Child Custody and Adoption - LawGuru Answers: Ask an Attorney a Free Legal Question[/url]

And lots more.

It's not automatic - OP will have to petition the court for the name change to take effect, but if she has sole legal custody, she will probably be able to do that.
Misto...everything you posted came from a forum like this one...and honestly, sole custody does NOT give a parent the right to change a child's last name over the objection of the other parent. It may happen in some rare circumstances, but its not a given by any means...and absolutely NOT possible when the ncp is actively involved, as this ncp is.

However, that does not change the fact that the grandparents have no dog in this show.
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  #7  
Old 08-10-2009, 09:10 PM
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Originally Posted by LdiJ View Post
Misto...everything you posted came from a forum like this one...and honestly, sole custody does NOT give a parent the right to change a child's last name over the objection of the other parent. It may happen in some rare circumstances, but its not a given by any means...and absolutely NOT possible when the ncp is actively involved, as this ncp is.
Several of the above posts were specifically answered by attorneys.
  #8  
Old 08-10-2009, 09:23 PM
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Misto LD is correct.
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  #9  
Old 08-10-2009, 09:38 PM
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the free advice one dealt with failure to support a child. The name they wanted to drop was from a parent that had not seen nor paid child support for at least 5 years.

the avvo thread: not enough info was given to decide if the father has been adjudicated to actually being the father. Funny thing about that one: one of the responders stated the mother would need the step fathers permission to change the childs name to the step fathers name.

in the lawguru thread: one posted said go for it and one poster said (presumably an attorney since he did say his office does such work) said that the poster MAY be able to do it but would have to seek the action via the courts.

I would say that none of those threads support the action of being able to change the name simply because the one parent had sole custody.
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  #10  
Old 08-10-2009, 10:14 PM
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Quote:
Originally Posted by mistoffolees View Post
I'll disagree with xylene. There's not enough information to answer this. If he has sole legal custody, he can probably change their names without permission from his ex wife. If it's joint legal custody, then he would probably need her permission.

I do agree with the part that the grandparents have nothing to say about it.
One parent can NOT change the name of a child without the other parents permission. This has nothing to do with joint legal or sole legal.
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