Legal Question in Family Law in Maryland
Name Change for minor
Recently I was involved in a long drawn out court battle over my sons mother trying to change his last name to her new husbands. Needless to say his name did not change. Her main point during the whole ordeal was a mental diagnosis of Aspbergers Syndrome for the child. She claimed that since he had this condition the court must allow the change. Now that the case is over and I was awarded joint custody I find out there was never any such diagnosis from any health care provider. She signed documents under penalty of perjury that he had it even though the did not. Can I sue her for the amout of $ it cost in attorneys fees due to a ficticious diagnosis? Is this not illegal in Maryland? Total spent on legal is $12,000. Oh and in the middle of the case new husband arrested and convicted of dui in same town as the case was being heard.
1 Answer from Attorneys
Re: Name Change for minor
Legal fees to prevailing parties are generally not awarded in our justice system, and I don't think you would be successful in recovering them from your ex. I don't know why a mental diagnosis would be an appropriate basis for a child's name change, but she was nonetheless entitled to attempt to obtain it, even if she was ultimately unsuccessful.
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