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Anyone here a lawyer???
or knows one that can answers a few question's pro bono?
DH & I are working on getting SS last name changed to ours. DH's ex had the birth certificate issued with DH's last name so SS has her maiden name. She has since gotten married and had 2 other kids and moved to NC. No one on her side of the family has that last name either. Her real Dad was never in the picture and her Mom remarried. So it was just her and SS with this last name.
Well since we have had custody for the last 5 years and SS is getting to the driving age we really want to get this taken care of. I know how much it will cost ( $300 ouch! ) but my concern is with parental contact. Birth Mother (BM) owe's $11,000 is past due Child Support and in the last 3 years she has made maybe $300 in payments and will occasionally call or write.
With that little contact will that make it enough difference for the court to deny the petition? He hasn't seen her in almost 2 years and the last time he did see her it was behind our back when she sneaked into the state because she has a bench warranty and no driver's license.
Re: Anyone here a lawyer???
Have you ever looked into seeing if she would sign on parental rights? Maybe let her know that you will release her from the $11,000 that is due for child support if she signs off.
I'm not an expert but it seems like they won't allow the name change also she signs the paper agreeing to the name change or signs off on her rights.
I know that my BIL went to the courts the day he turned 18 to change his name because his sperm dad wasn't in the picture, so he wanted to change it to his step-dad's last name.