Name Change Question- dad is gone/MIA

[LifesPeachy]

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

Hello All,

I have yet another name change question for you..

Dad has left the state, he is MIA. A little background: He abused our 8 year old daughter a year ago, refused the therapeutic and supervised visitations during the past year and has now apparently abandoned all hopes of reconciling a relationship with her by moving some 24+ hours away. He has not given us a change of address.

I plan to file for sole legal custody in 6 months or so after I see how things continue to play out. My main question now is for a name change for daughter. I cannot "serve" him with any sort of petition because he has not given me an address, which is a game he has played in the past.

I know, I have read it before- she has a name, doesn't matter what she wants, yadda yadda- so I'm not even going to explain our own personal reasons for wanting to do this, because you've heard them all before! So personal opinions aside, how likely is it to happen in the Court of Common Pleas?

Would a name change request likely be granted in this situation where one parent wants it and the other parent is MIA?

Or should I wait until (IF) I get full legal custody? And would having full legal custody give me full power to change her name without his consent anyway?

Thank you all.

 

[Proserpina]

No, sole legal custody does not mean you can change your daughter's name without his consent.

Nobody can really guess which way a judge would rule in your situation.

WHEN did he move?

Where?

 

[LifesPeachy]

Arkansas

Just moved last month, no contact yet.

The only reason I knew he was moving last month was because I saw him at a Rule to Show Cause hearing which I filed because he didn't pay the legal fees back in February when it was ordered, judge said he had 30 days to pay (and hasn't) or jail time. We have an update hearing for this in 2 weeks. I can't imagine him coming all the way from AK to confess to the judge he hasn't paid it. For the cost of that, he could've paid it and avoided potential jail time. This is the sort of abusive character I am dealing with.

Thanks for clearing up the sole legal custody Q.

 

[mistoffolees]

Changing a minor's name typically requires both parents to sign. If that's not possible, you can get information on how to do it from the probate court:
Delaware County Common Pleas Court

I'd suggest you contact the court to see what is needed and what the standards are.

 

[LdiJ]

Changing a minor's name typically requires both parents to sign. If that's not possible, you can get information on how to do it from the probate court:
Delaware County Common Pleas Court

I'd suggest you contact the court to see what is needed and what the standards are.

Consult with a local attorney as well to see how service by publication might work in this context.

I suspect that dad's move to AR was because he knew he was looking at jail time for failure to pay. If he is a no show at court the judge is likely to issue a warrant. Of course, as long as he is in AR that warrant will be kind of worthless, because state's don't generally extradite for things like that, but its still likely to be issued.

 

[LifesPeachy]

Changing a minor's name typically requires both parents to sign. If that's not possible, you can get information on how to do it from the probate court:
Delaware County Common Pleas Court

I'd suggest you contact the court to see what is needed and what the standards are.

Thanks, I will contact the court to see what the procedure may be. The link is for Delaware County Ohio, I am in Delaware State

 

[LifesPeachy]

Consult with a local attorney as well to see how service by publication might work in this context.

I suspect that dad's move to AR was because he knew he was looking at jail time for failure to pay. If he is a no show at court the judge is likely to issue a warrant. Of course, as long as he is in AR that warrant will be kind of worthless, because state's don't generally extradite for things like that, but its still likely to be issued.

Thank you- I will ask my lawyer these questions. For name changes to take place in Delaware, you have to publish the request in the newspaper once a week for 3 weeks, the newspaper then gives you a certificate of publication before you can have a court take scheduled. Maybe this is sufficient?

Thanks again

 

[LdiJ]

Thank you- I will ask my lawyer these questions. For name changes to take place in Delaware, you have to publish the request in the newspaper once a week for 3 weeks, the newspaper then gives you a certificate of publication before you can have a court take scheduled. Maybe this is sufficient?

Thanks again

You really need to ask your attorney. That is a different kind of ad than service by publication.

 

[LifesPeachy]

You really need to ask your attorney. That is a different kind of ad than service by publication.

I see- thank you!

 

[mistoffolees]

Thanks, I will contact the court to see what the procedure may be. The link is for Delaware County Ohio, I am in Delaware State

Oops. Sorry. I just googled 'name change minor delaware'. Should read the link more carefully.

In any event, the court clerk can probably be able to tell you the process. He/she can't give legal advice, but they can at least direct you to where to look.