What can I do or what paperwork do I need to file to stop my ex-wife from changing our children’s last name from mine to her new husband’s?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do or what paperwork do I need to file to stop my ex-wife from changing our children’s last name from mine to her new husband’s?

My ex-wife has custody of our children (12 and 13). She lives clear accross the state. I have visitation rights but due to the distance and the fact that she makes it impossible for me to see them without causing some sort of issue always invloving the police. I hardly see my children. I pay child support and use 3rd parties to communicate whenever possible. She won’t even allow me to know her address or have a phone number. I have learned through one of these 3rd parties that my ex is planning on having my children’s name changed to match her new husband’s name. I understand if she files paperwork and “claims she cannot contact me” the courts can grant this. I would like to let the courts know that I oppose this and would like a chance to fight it in court. What should I do?

Asked on October 6, 2012 under Family Law, Washington

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

First of all, you indicated that you have visitation rights, yet you indicated that you hardly see your children without some sort of confrontation.  But then you state that your ex-wife won't allow you to know her address or phone number. I would assume that your divorce decree set out your visitation rights, as well as, requirements that you be notified of the address and phone number where your children reside.  Hopefully, you were represented by an attorney during your divorce.  Secondly, if your ex-wife is not abiding by the Final Judgment and Decree of Divorce (Court Order), you need to file a "motion for contempt".  Third, you need to  retain the services of an attorney to file an Answer to your ex-wife's Petition for Name Change.  Obviously, this is not a matter you should even consider attempting to handle on your own.  Find an experienced attorney and retain his/her services to represent your best interests.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption