jurisdiction ?

[usmcfamily]

What is the name of your state? NC
The original case for custody was hear in Oregon -- CP and child relocated to NC two years ago......now NCP states he was "asking around" about the cost/procedure for a minor name change in ID (his state of residency)....but isn't it true that Idaho has NO jurisdiction over the child and therefor he could not file a case there (the child has NEVER resided in Idaho).....just wondering if I need to worry or if he is being fed a line by a "friend" who is "studying to practice law" (meaning NOT a lawyer and isn't playing one very convincingly to me......lol)

 

[Grace_Adler]

I'm with you. I don't know much about jurisdiction but how on earth would ID have it?

 

[pthalo]

name changes...

I am currently making moves to have my son's name changed so I do have a bit of insight on this one.. I am fairly certain that a name request needs to be made in the COUNTY of residence for the child... Its even more narrow than just the state..

Here's how it works in Vermont and it sounds pretty logical and that it might be the norm across the nation..

1. Either both parties or one needs to sign a petition in the presence of a Judge in the Probate Courts..

2 This/These Party(ies) must produce a certified copy of the minor's birth certificate (which as I have mentioned in another post is public record and subject to the freedom of information act)

3. They are then required to pay the filing fees and in many cases the publication fee.. In Vermon that is a total of $85..

4. A date is set no earlier than 14 days after the last of 2 publications of the notice of hearing... The petitioner receives a notice of hearing at the initial conference and if only one party is present the other party receives notice via certified maill..

5. At the hearing, Any objections are heard and the judge makes a ruling on the name change..

6. In Vermont, the name is not changed on teh certificate unless the petitioner requests that it be done.. If no request is made to physically change the certificate and the ruling is for the name change, then the courts simply send notices to the vital records department of the change so it will be kept on record..

In a nut shell, there doesn't seem to be a way that a name can be changed from another state...

 

[usmcfamily]

Thank you -- was aware of the procedure but needed clarification of the jurisdiction issue (he was wanting to try to file behind my back over there......long story .......) I am pretty sure the "friend" was telling him what he wanted to hear but wanted to be certain that he couldn't pull a fast one....THANKS!!!!!

 

[pthalo]

He can still file "behind your back" if he is willing to travel and appear in person to sign the forms.. There may also be a way to sign the papers in an out of state court so long and the judge is willing to sign affidavits to the signature.. There is a cloud here on jurisdiction lines especially considering that its just a petition for a name change and everything else can be done form another state (phone attendance at hearings..)

I may be totally off base on the presumption that he might be able to do this in another state.. I'll try a little research.. I am actually quite interested for myself as I am currently going through the same thing... I'll get back to you tom.. when I get to work with a faster connection, unless someone else has an answer for US.

 

[usmcfamily]

hey PT

Don't know if this will be an option for you, BUT .... in my case I think that we have reached a compromise that will make the jurisdiction a moot point (but I wanted to know anyway..lol).....we are currently discussing changing our daughter's name to a hyphenated form of her bio-dad's surname and my married sur-name (to replace my maiden name that she now carries). I know your case isn't nearly as amicable as our's is but it is something that you might offer that would make her more accepting of the idea?? It was how I got the bio-dad to agree to any form of my married name being part of her name....

 

[pthalo]

I've tried everything..

I tried every option that I could live with (her and her husband's last name is the only option that I cannot accept) I said her maiden name would be fine, but that was before I learned that she wasn't divorced.. I tried the hyphenated thing but I have to agree somewhat the a name with this many characters is way too long:

Hunter Rylie *******-********

The middle name was already a compromise or more like me giving up.. Joseph has been a family middle name in my family for generations.. The only other middle name that men in my family have used for the most part is Albrecht (YUCK).. I wanted Hunter to have my family middle name, but she wouldn't hear it.. She didn't want it at all, so in the long run she has determined all of his name without my input (Hunter was the name that her and her husband were going to use for their child. hmmmmmmmm.. that's the first time I put those two facts together... suspicious even more now)

I want my son to carry on my family name and I don't want him to be confused later in life b/c mom and dad aren't anything more than mom and her boyfriend and dad was just a sperm donor who never knew that was his purpose.. If he has my last name eventually someone will have to explain it to him.. I will always tell him the truth but I honestly don't think that mom knows what the truth is...