name change

[whatnow22]

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

Today, I was served with a summons to appear in court regarding the name change of me and my exes child.
I am not sure why or what brought this on or why she wants a change. What should my response be? I obviously don't want this to happen as this has been her name since birth and is on her birth certificate.

I an the NCP. We have no court orders. I am not sure if it was filed with the courts, but we attended mediation and agreed to one weekend a month in mothers town due to us living in different states and the distance.

Recently, I relocated to mothers/childs city, so I am not sure if that will play a difference.

I wish I could afford a lawyer, but at this juncture I can not.

I guess my question is will the judge grant this type of request? I read where the name could be hyphenated? I would be agreeable to that if that is the middle ground of compromise.

 

[LdiJ]

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

Today, I was served with a summons to appear in court regarding the name change of me and my exes child.
I am not sure why or what brought this on or why she wants a change. What should my response be? I obviously don't want this to happen as this has been her name since birth and is on her birth certificate.

I an the NCP. We have no court orders. I am not sure if it was filed with the courts, but we attended mediation and agreed to one weekend a month in mothers town due to us living in different states and the distance.

Recently, I relocated to mothers/childs city, so I am not sure if that will play a difference.

I wish I could afford a lawyer, but at this juncture I can not.

I guess my question is will the judge grant this type of request? I read where the name could be hyphenated? I would be agreeable to that if that is the middle ground of compromise.

Is it safe to assume that you are talking about the child's last name? You were not specific. If so, whose last name does the child have now, and whose last name does mom want to change it to?

 

[whatnow22]

Is it safe to assume that you are talking about the child's last name? You were not specific. If so, whose last name does the child have now, and whose last name does mom want to change it to?

sorry i wasn't clear, you are correct in assuming it's last name. She has my last name currently. Mom wants to change it to her last name.

we split apart several months after the birth and she has had the same name since she was born. I was in active for a short period, but have been active in our childs life consistently for the past 3 years (she is 4)

 

[LdiJ]

sorry i wasn't clear, you are correct in assuming it's last name. She has my last name currently. Mom wants to change it to her last name.

we split apart several months after the birth and she has had the same name since she was born. I was in active for a short period, but have been active in our childs life consistently for the past 3 years (she is 4)

Unless mom has a very compelling reason for the name change, its not very likely to fly. However you are correct that hypenating the child's last name is a very common compromise.

 

[whatnow22]

Unless mom has a very compelling reason for the name change, its not very likely to fly. However you are correct that hypenating the child's last name is a very common compromise.

ok, I would agree to a hyphen change because I don't mind compromising.

Would this be the proper venue to address any type of visitation issues? or would it look as spiteful and be frowned upon.

The past 3 years, I lived over 200 miles away, so I drove up once a month for a visit. I didn't pursue any visitation by myself because I didn't think it would be appropriate to cart a 1-3 year old back 400 miles RT once a month. I willingly did visitation in the mothers area for the convenience to them. Also, didn't think it was smart to push for visitation as I stayed in hotels when I did my weekend visits.

Well, recently I relocated to the mothers area. My job cooperated with my desire to be a bigger part of our childs life and allowed me to keep my job and telecommute.


ETA:

What would those compelling reasons be? I have no record/arrest/drug addictions/violence twords her. I have had a steady job for the past 4 years and I have been active in our childs life. (emails, phone calls, visits, etc)

Would I have to file a separate petition for an increased visitation or should I wait now that this is happened.

 

[LdiJ]

ok, I would agree to a hyphen change because I don't mind compromising.

Would this be the proper venue to address any type of visitation issues? or would it look as spiteful and be frowned upon.

The past 3 years, I lived over 200 miles away, so I drove up once a month for a visit. I didn't pursue any visitation by myself because I didn't think it would be appropriate to cart a 1-3 year old back 400 miles RT once a month. I willingly did visitation in the mothers area for the convenience to them. Also, didn't think it was smart to push for visitation as I stayed in hotels when I did my weekend visits.

Well, recently I relocated to the mothers area. My job cooperated with my desire to be a bigger part of our childs life and allowed me to keep my job and telecommute.

I would recommend filing separately on any visitation issues. You could file a motion to modify parenting time and ask that it be heard with the name change issue, but that might make things murky.

ETA:

What would those compelling reasons be? I have no record/arrest/drug addictions/violence twords her. I have had a steady job for the past 4 years and I have been active in our childs life. (emails, phone calls, visits, etc)

Would I have to file a separate petition for an increased visitation or should I wait now that this is happened.

To be honest, I am not sure off the top of my head, what, if anything might be compelling enough.

 

[whatnow22]

I would recommend filing separately on any visitation issues. You could file a motion to modify parenting time and ask that it be heard with the name change issue, but that might make things murky.




To be honest, I am not sure off the top of my head, what, if anything might be compelling enough.

thanks so much. Is there anything I should bring with me? Surprisingly, we have numerous emails over the course of the past years that suggested nothing like this would come up and I thought we communicated rather well, but apparently not.

I obviously wanted more visitation, which is why i moved here. I just don't want to look spiteful, although I can't imagine why it would come across that as my ultimate goal has been to make my way here to be closer

 

[LeemonGator]

Mom should have thought about what name she wanted before leaving the hospital. Its not likely to work now.

 

[pancakes]

I've had a name change for my son granted in VA...obviously my circumstances are different but some reasons she could use are:

- stronger ties with the family unit (especially if there are siblings)
- medical reasons (less questions asked if say the child's grandmother were to take her to the ER)
- childcare facilities (same as above regarding if maternal relatives were to drop her off/pick her up)

All of the above reasons you can argue against obviously, but at least it helps you brainstorm

 

[Proserpina]

I've had a name change for my son granted in VA...obviously my circumstances are different but some reasons she could use are:

- stronger ties with the family unit (especially if there are siblings)
- medical reasons (less questions asked if say the child's grandmother were to take her to the ER)
- childcare facilities (same as above regarding if maternal relatives were to drop her off/pick her up)

All of the above reasons you can argue against obviously, but at least it helps you brainstorm

Medical reasons? Are you serious?

 

[pancakes]

Medical reasons? Are you serious?

Yup. I was able to articulate it therefore it was valid.

 

[Proserpina]

Yup. I was able to articulate it therefore it was valid.

Then I seriously think you had either a dopey judge or a dopey ex.

However, VA isn't PA.

At least it wasn't as of this morning...

 

[pancakes]

Then I seriously think you had either a dopey judge or a dopey ex.

However, VA isn't PA.

At least it wasn't as of this morning...

Or perhaps both

Pennsylvania Name Change Requirements
General Summary of Name Change Laws
The Courts are often willing to accept name changes for almost any legitimate reason. However, the granting of an application for change of name is discretionary with the Court. For an order/decree/judgment of name change to be granted, the Court must find compliance with the requirements of notice and the requirements for the allegations in the application. The Court must also find good and sufficient reason for the change, find the change consistent with the public interest and if the change of name is for a minor child, find that the change is in the best interests of the minor child.

 

[proud_parent]

Then I seriously think you had either a dopey judge or a dopey ex.

I heartily agree.

No hospital, clinic, daycare or school has ever questioned why my surname is different from my child's. If I were asked, it would take all of 5 seconds to give a satisfactory reply.

As for the "family tie" reasoning, I'm closer to the siblings with whom I DON'T share a surname than I am to the sibling who does share my last name.

However, VA isn't PA.

At least it wasn't as of this morning...

Still true.

 

[pancakes]

I heartily agree.

No hospital, clinic, daycare or school has ever questioned why my surname is different from my child's. If I were asked, it would take all of 5 seconds to give a satisfactory reply.

As for the "family tie" reasoning, I'm closer to the siblings with whom I DON'T share a surname than I am to the sibling who does share my last name.



Still true.

I wasn't saying that those reasons stand in stone and aren't able to be argued against...and generally both parents must sign for the name change... I was just trying to say if it did go before a judge that she might try one of those