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Can she do this?

Posted by on Nov. 20, 2012 at 2:01 AM
  • 81 Replies

So I just found out my husbands ex is gonna change their son's last name to her fiance's. My husband is listed on the birth certificate and has been paying child support but due to a warrent and him being in the army he can't physically see his son. He does call his ex to try to talk to his son but she never allows it. Now I know that she is probably going to say that DH incompetent but can she if he pays child support? 



Also DH doesn't know about this....I just happened to find this out on facebook

by on Nov. 20, 2012 at 2:01 AM
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Replies (1-10):
pinkiebabii
by Jennie on Nov. 20, 2012 at 2:05 AM
Even if he didnt pay child support, she couldn't do it with out his permission.
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outtamymynd
by Silver Member on Nov. 20, 2012 at 2:06 AM
1 mom liked this
I believe she has to have his permission..
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frndlyfn
by Emerald Member on Nov. 20, 2012 at 2:06 AM

Get a family lawyer involved to clearly understand what the laws are for this area.  Were they married when child was born?  Is the fiance going to adopt the child?  I would take care of the warrant as well since you dont need those things hanging over head.

philly_mom
by on Nov. 20, 2012 at 2:07 AM
this


Quoting pinkiebabii:

Even if he didnt pay child support, she couldn't do it with out his permission.

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happymommy1105
by Platinum Member on Nov. 20, 2012 at 2:07 AM
she can't without his permission.

he needs to take care of his business though and stop using it as an excuse not to see his child..
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EAzizM
by on Nov. 20, 2012 at 2:08 AM
Not without his permission legally, she can't.
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AtillaTheHun
by Bronze Member on Nov. 20, 2012 at 2:11 AM

As far as I know she cannot do this without his permission. I´d ask a lawyer though just to make sure. We went through the legal office in my home country to have my son´s last name changed to my husband´s. Our laws are different than the laws here. 

How old is the boy? Does your husband have any visitation rights with his son? 

Litlmama87
by Platinum Member on Nov. 20, 2012 at 2:12 AM


Quoting happymommy1105:

she can't without his permission.



he needs to take care of his business though and stop using it as an excuse not to see his child..
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bakedrice07
by on Nov. 20, 2012 at 2:14 AM

His son is 4. He doesn't have any visitation rights because when he did his divorce in TX they only did the child support but couldn't do anything about visitation because his son lives in Michigan.

Quoting AtillaTheHun:

As far as I know she cannot do this without his permission. I´d ask a lawyer though just to make sure. We went through the legal office in my home country to have my son´s last name changed to my husband´s. Our laws are different than the laws here. 

How old is the boy? Does your husband have any visitation rights with his son? 


mgm_5
by Mari on Nov. 20, 2012 at 2:15 AM
1 mom liked this
Maybe he should get a custody hearing if he truly wants to see his son, paying c.s. Doesn't make someone a father, but legally i don't think she can all on her own
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