We live in California.
My daughter is 10 years old. I will try to make this short. i was married to my daughters father, he left us in 2003 to move in with his lover. We were divorced and he married her. He visited with our daughter a few times, then pretty much stopped. His new wife would insult our daughter constantly if she ran into us, stalk and harass my daughter and I. My ex husband and I went to court over custody and he told the judge he would just like to give up his rights, as he did not want to bother anymore with her, and that he knew I would win. The Judge naturally denied the request, as all he was trying to do was get out of paying child support. But the judge did see that he was an unfit parent clearly, and gave me legal and physical custody, with no visits, and a no contact order. He cannot contact our daughter. My daughter asked to use my name 3 years ago, and I agreed, went to her school and signed some papers for her to use my last name. I felt that was enough. But now she wants it all legally changed, as she does not know he father has nothing to do with him, and wants the same last name as me her mother, her only parent. I have filed for the court hearing in Los Angeles. What I need to know is if anyone thinks this will be simple, since he has not been a father. Will I need an attorney? If I cannot afford one and decide to do it on my own, what kinds of things can I expect the judge to ask me and to prove. Should I bring my daughter? Should I have my daughter write a letter to the judge explaining why she wants this?
Please help.
THANK YOU
My daughter is 10 years old. I will try to make this short. i was married to my daughters father, he left us in 2003 to move in with his lover. We were divorced and he married her. He visited with our daughter a few times, then pretty much stopped. His new wife would insult our daughter constantly if she ran into us, stalk and harass my daughter and I. My ex husband and I went to court over custody and he told the judge he would just like to give up his rights, as he did not want to bother anymore with her, and that he knew I would win. The Judge naturally denied the request, as all he was trying to do was get out of paying child support. But the judge did see that he was an unfit parent clearly, and gave me legal and physical custody, with no visits, and a no contact order. He cannot contact our daughter. My daughter asked to use my name 3 years ago, and I agreed, went to her school and signed some papers for her to use my last name. I felt that was enough. But now she wants it all legally changed, as she does not know he father has nothing to do with him, and wants the same last name as me her mother, her only parent. I have filed for the court hearing in Los Angeles. What I need to know is if anyone thinks this will be simple, since he has not been a father. Will I need an attorney? If I cannot afford one and decide to do it on my own, what kinds of things can I expect the judge to ask me and to prove. Should I bring my daughter? Should I have my daughter write a letter to the judge explaining why she wants this?
Please help.
THANK YOU
