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issue and quick question

Posted by on Jan. 26, 2017 at 11:44 AM
  • 13 Replies

the issue is involving a teen and a divorced couple.  couple divorces and the bm has primary residential with the bf visitation.  2 months later the bm is remarried.  now the 14 year old wants to change her name to the step's name and bm is pushing for it.  bd says not no but hell no you are my child and i love you.

2 weeks later the bm petitioned the courts to change the name anyway and said the bd consented.  of course the bd is going to fight it...he is lucky as hell it was caught in a public notice online.  my question though is even though the bm did not sign the bf name but listed him as consenting...is that not fraud?  could he pursue that?

by on Jan. 26, 2017 at 11:44 AM
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Replies (1-10):
leegirl_jm
by Ruby Member on Jan. 26, 2017 at 12:12 PM
3 moms liked this

I think he could and should pursue it, he has no idea of what else she will lie about involving his child. I think a lawyer could recommend how else he could further protect his parental rights since clearly she has no respect for his right.

jules2boys
by Platinum Member on Jan. 26, 2017 at 12:28 PM

That's scary but I'm not sure any court would take the 'word' of BM without BF signing a consent form (or did BM/SF forge his signature as well?). 

I'm not sure how he'd go about pursuing action against BM (and SF? if his name is also on the petition perhaps) because it was caught.  I don't know that you can file fraud charges on something that wasn't completed, but I could be wrong.  Maybe attempted fraud? 

shiarhars
by Silver Member on Jan. 26, 2017 at 12:29 PM
I agree with Leegirl, he should definitely pursue it and see what else he can do to protect his parental rights. Is there a reason why she wants to change her name? or is this something you assume bm wants to push on dd?

Quoting bertaboo1:

the issue is involving a teen and a divorsed couple.  couple divorses and the bm has primary residential with the bf visitation.  2 months later the bm is remarried.  now the 14 year old wants to change her name to the step's name and bm is pushing for it.  bd says not no but hell no you are my child and i love you.

2 weeks later the bm petitioned the courts to change the name anyway and said the bd consented.  of course the bd is going to fight it...he is lucky as hell it was caught in a public notice online.  my question though is even though the bm did not sign the bf name but listed him as consenting...is that not fraud?  could he pursue that?

JustOneAndDone
by on Jan. 26, 2017 at 12:32 PM
1 mom liked this

I agree.  I don't know that he can pursue fraud...... but if I were him I'd be come concerned with protecting myself and my child from what she may do in the future.  That is definitely worth talking to a lawyer about.

Quoting leegirl_jm:

I think he could and should pursue it, he has no idea of what else she will lie about involving his child. I think a lawyer could recommend how else he could further protect his parental rights since clearly she has no respect for his right.


bertaboo1
by Silver Member on Jan. 26, 2017 at 12:54 PM

bd went to the courthouse right away.  from what i understand she did not sign his name but said that he agreed to the change.  the step paid for the petition to be filled.  he saw the credit card receipt with his name on it. 

200 for a name change petition.  but the step cant (and hasnt) paid his own child support for his own kids since october last year.

Quoting jules2boys:

That's scary but I'm not sure any court would take the 'word' of BM without BF signing a consent form (or did BM/SF forge his signature as well?). 

I'm not sure how he'd go about pursuing action against BM (and SF? if his name is also on the petition perhaps) because it was caught.  I don't know that you can file fraud charges on something that wasn't completed, but I could be wrong.  Maybe attempted fraud? 


bertaboo1
by Silver Member on Jan. 26, 2017 at 12:56 PM

it is scary!  she stated that she did not have the address of the bd so she was required to place the notice in the paper.  from that date he had 30 days to respond to the courts.  i mean wth would have happened if he was not served nor read the notice in the paper?

Quoting jules2boys:

That's scary but I'm not sure any court would take the 'word' of BM without BF signing a consent form (or did BM/SF forge his signature as well?). 

I'm not sure how he'd go about pursuing action against BM (and SF? if his name is also on the petition perhaps) because it was caught.  I don't know that you can file fraud charges on something that wasn't completed, but I could be wrong.  Maybe attempted fraud? 


bertaboo1
by Silver Member on Jan. 26, 2017 at 12:59 PM

i think the bm and the step are saying that the step is her real dad.  this girl has really low self esteem and is battling sexual identity. she also has moved states and started a new school. 

Quoting shiarhars: I agree with Leegirl, he should definitely pursue it and see what else he can do to protect his parental rights. Is there a reason why she wants to change her name? or is this something you assume bm wants to push on dd?
Quoting bertaboo1:

the issue is involving a teen and a divorsed couple.  couple divorses and the bm has primary residential with the bf visitation.  2 months later the bm is remarried.  now the 14 year old wants to change her name to the step's name and bm is pushing for it.  bd says not no but hell no you are my child and i love you.

2 weeks later the bm petitioned the courts to change the name anyway and said the bd consented.  of course the bd is going to fight it...he is lucky as hell it was caught in a public notice online.  my question though is even though the bm did not sign the bf name but listed him as consenting...is that not fraud?  could he pursue that?


shiarhars
by Silver Member on Jan. 26, 2017 at 1:58 PM
Did bf consent to her moving? I know in Texas they actually put on the co that cp cant not moved states without co modification and both parents agree. This is something dh had to do when we had to move in order to take sd with us out of state, he is cp. How long have step dad and bm been together that he is now claiming to be her real dad?

Quoting bertaboo1:

i think the bm and the step are saying that the step is her real dad.  this girl has really low self esteem and is battling sexual identity. she also has moved states and started a new school. 

Quoting shiarhars: I agree with Leegirl, he should definitely pursue it and see what else he can do to protect his parental rights. Is there a reason why she wants to change her name? or is this something you assume bm wants to push on dd?

Quoting bertaboo1:

the issue is involving a teen and a divorsed couple.  couple divorses and the bm has primary residential with the bf visitation.  2 months later the bm is remarried.  now the 14 year old wants to change her name to the step's name and bm is pushing for it.  bd says not no but hell no you are my child and i love you.

2 weeks later the bm petitioned the courts to change the name anyway and said the bd consented.  of course the bd is going to fight it...he is lucky as hell it was caught in a public notice online.  my question though is even though the bm did not sign the bf name but listed him as consenting...is that not fraud?  could he pursue that?

oranguglad
by Silver Member on Jan. 26, 2017 at 2:11 PM

How long ago was the divorce? How long ago was the move out of state?

Most court orders or states have provisions against moving the child out of state without the agreement of both parents.

I don't think it would be fraud, but he would have to talk to an attorney. In any case, he should definitely talk to an attorney to make sure his parental rights are otherwise being protected.

bertaboo1
by Silver Member on Jan. 26, 2017 at 2:37 PM

ooh girl its such an effed up story and i am embarrassed to say that the step...is my damn stupid brother.

he got married to sil in 2001 and 9 months later had my nephew.

2005 had my youngest nephew

2009 he was caught cheating but sil did not kick him out for 2 reasons...1-he said he would kill himself and 2-she wanted to make sure she did everything to save her marriage so the reconciled.  the whore is a girl that grew up in the neighborhood (and yes...i hated her since kindergarten).  she tried to say that she was pregnant and even told sil that but my brother had a vasectomy after my youngest nephew was born'

2016 stupid brother caught again cheating with a different girl.  left.  begged to come back. then left in a matter of 2 weeks.  begged to come back once more and sil filed for divorce in april.  she had primary custody and he is eowe with child support.  this was awarded at the end of july.  by september he had moved the 2009 whore down from wherever she was living to our state and married her.

from what i understand about this bm...she has 3 kids...the two oldest are from the bd and the youngest from an affair bm had.  the bd knew about the affair and chose to forgive and raise the child as his own.  the two oldest are known to be his but not the bm is casting doubt saying she been messing around with brother for a while.  (bd said that doesnt matter because he raised this girl for 14 years and it is his daughter you know)

when they did divorce he did know she was moving out of state and did not fight it as bm would have to do 100% of the driving eowe. (17 hrs lol)  but circumstances changed with the bd and he is actually in the same state now less than an hour away. 

***he is pursuing fraud charges for both bm and brother. they willingly lied on a court petition and it could be ruled a felony.  if he hadnt been sent the notice...bd would have been sol with the name change.  i cant believe you can change a name without the other parents signature!

Quoting shiarhars: Did bf consent to her moving? I know in Texas they actually put on the co that cp cant not moved states without co modification and both parents agree. This is something dh had to do when we had to move in order to take sd with us out of state, he is cp. How long have step dad and bm been together that he is now claiming to be her real dad?
Quoting bertaboo1:

i think the bm and the step are saying that the step is her real dad.  this girl has really low self esteem and is battling sexual identity. she also has moved states and started a new school. 

Quoting shiarhars: I agree with Leegirl, he should definitely pursue it and see what else he can do to protect his parental rights. Is there a reason why she wants to change her name? or is this something you assume bm wants to push on dd?
Quoting bertaboo1:

the issue is involving a teen and a divorsed couple.  couple divorses and the bm has primary residential with the bf visitation.  2 months later the bm is remarried.  now the 14 year old wants to change her name to the step's name and bm is pushing for it.  bd says not no but hell no you are my child and i love you.

2 weeks later the bm petitioned the courts to change the name anyway and said the bd consented.  of course the bd is going to fight it...he is lucky as hell it was caught in a public notice online.  my question though is even though the bm did not sign the bf name but listed him as consenting...is that not fraud?  could he pursue that?



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