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Name change without process server

Discussion in 'Name Changes' started by Matteson Moyer, Oct 21, 2019.

  1. Matteson Moyer

    Matteson Moyer Law Topic Starter New Member

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    Jurisdiction:
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    Hello all! My ex and I were never married, so my child currently bears both mine and his last name, unhyphenated, so that we can use them interchangeably. Due to some sudden circumstances, my ex is allowing me, my husband, and our infant son to live in his spare room. We have become great friends with my ex and his partner. As a gift to my husband, my ex wants to add my husband's last name to my daughter's names.

    The Crux of the question is if a process server will still be required. I have read the procedures for a name change, and there is no contingency listed if the two parents are roommates and are in total agreement.

    A a secondary question, will the lengthy court proceeding be required either?

    My child is four, I do not know if that has any bearing but thought I would mention it.

    Thanks in advance, I've looked everywhere I can think of and haven't really found an answer.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Seriously?

    You got all the answer you need right here:

    Changing a Child's Name Without Process Server

    You don't need a process server if you file a joint petition or attach the consent form to your petition.

    If that wasn't clear to you on the other site then I don't know what it's going to take to get through to you.
     
  3. Highwayman

    Highwayman Well-Known Member

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    I'm confused. What daughter?? You only mention you, your husband and your son living with your ex.
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    The post on the other site explains it.
     
  5. flyingron

    flyingron Active Member

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    As I pointed out on the other site:

    1. If the father lives in the same county, he should join in the petition.
    2. If he resides elsewhere and consents, he should file hte appropriate consent form.
    3. Otherwise, you will need to serve him. Most likely personal service is required (sheriff or designated process server).

    Note that the courts are disinclined to use the name change mechanism as a defacto removal of parental rights, etc...
     
  6. Matteson Moyer

    Matteson Moyer Law Topic Starter New Member

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    First: thank you everyone for your replies.

    Second: I had not received notification from the other site that there had been an answer, my apologies.

    Third: yes, my daughter is with my ex, my son is with my husband. The name change would be adding my husband's as an additional name, not replacing my ex.

    Fourth: to anyone with a bee in their bonnet or who replied somewhat rude, again I did not get the messages from the other site
     
    Last edited: Oct 22, 2019
  7. Zigner

    Zigner Well-Known Member

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    Did you check? <SMH>
     
  8. Disabled Vet

    Disabled Vet Active Member

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    My thoughts is why? How many names do you think a child needs?
     
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  9. Matteson Moyer

    Matteson Moyer Law Topic Starter New Member

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    It's not about needs. It Is a gesture my ex wants to do for her and my husband. Personal opinions aside, thanks to everyone who answered the legal part of the question.
     
  10. Matteson Moyer

    Matteson Moyer Law Topic Starter New Member

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    Yes.
     
  11. Zigner

    Zigner Well-Known Member

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    It's apparent that this has nothing to do with the child's well-being...it's all about making sure the grown-ups are happy with their toy.
     
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  12. Matteson Moyer

    Matteson Moyer Law Topic Starter New Member

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    Wanting her name to match her little brother and incorporating a major person in her life is not treating her like a toy. She is a human being and I would tell you to check yourself before uttering such opinions. I asked a question and got my answer, and unless having another name was causing my daughter bodily harm, which it's not, it does not affect her well being. She's four. Keep your nasty to yourself please
     
  13. justblue

    justblue Well-Known Member

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    How does it benefit this child to have this name change? What if there is a falling out between your husband and ex? What then?
     
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  14. Disabled Vet

    Disabled Vet Active Member

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    Agree...... This is the older folks choice.. I would say the adults but they are not the adults. Sad that people play games with a child.
     
  15. Matteson Moyer

    Matteson Moyer Law Topic Starter New Member

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    Ok some people are getting far too in the weeds with their opinions. Do what you will with your own Children's names. This is a meaningful move on the part of her parents. No games are being played, that's idiotic and makes no sense. Since the legal question has been answered, which is all people should have been commenting on, no further replies are necessary.

    I understand everyone has different viewpoints on a child's name, but unless it is causing her bodily harm, it is no one else's business.

    Thank you to all who replied respectfully and intelligently.
     
  16. flyingron

    flyingron Active Member

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    Actually Matteson, "Do what you want" is NOT the criteria the court will be using. Judges will determine if it is in interest of the CHILD. Judges are specifically dissuaded from using name changes as defacto attempts to alter the true paternity of the child.
     
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  17. army judge

    army judge Super Moderator

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    The minute you posted your information and question on a public forum YOU voluntarily chose to make your PRIVATE business the WORLD'S business!

    If you want to keep the details of your life PRIVATE, keep them to yourself or HIRE a lawyer who is required to protect your confidentiality.

    I wish you peace, health, and happiness in the days ahead.
     
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  18. Matteson Moyer

    Matteson Moyer Law Topic Starter New Member

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    Altering her paternity Is not the goal or anything anyone considered. Her actual birth father is not removing his name, nor has he been replaced on the birth certificate. I am simply saying other people can attempt what they will with their own children and have opinions about their own children. I have now asked multiple times for people to back off with the personal remarks and attacks. It ia wholly unnecessary.
     
  19. Matteson Moyer

    Matteson Moyer Law Topic Starter New Member

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    I voluntarily chose to make my legal question and details I thought would be pertinent public. Anything that goes beyond that is a personal attack. The question was already answered, and I did not ask for anyone's personal opinions or remarks. As I said I understand all have their own views, but I already got my answer. A simple, matter of fact, opinionless answer. Which is what was asked for.

    I wish all the hostile people on here the best and that they find a way to be more civil with the people they interact with in their daily lives.
     
  20. army judge

    army judge Super Moderator

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    This is a public forum.
    You are free to post here as long as you follow a few very simple behaviors to which most civilized human beings subscribe.

    Our users are FREE to express their opinions, just as you are FREE to express yours.

    You can ask, others are free to ignore.

    If you dislike that concept, you can exit the same way you came in.
     
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