Legal Question in Family Law in Maryland
Changing a minor name and jurisdiction
I recently relocated from NJ to MD. I have a NJ restraining order agaisnt my ex-husband and my divorce was finalized in NJ. I have 3 children and they have not seen their father in over a year because of the restraining order and a negative psych report which put a lot of conditions on visitation. I will be married in a few months and my children all want to change their name to my fiance's name so we all have the same name. Do I have to petition the NJ court for this? Do I have to notify my ex? IF I file in MD for name changes I'm afraid he'll find us and the stalking will continue again. Should I change their names to my maiden name before I get married and then change it again when I marry - would I still have to notify my ex? He is a danger to us all. Please help. Thanks.
1 Answer from Attorneys
Re: Changing a minor name and jurisdiction
I can't speak to NJ law but assuming you decide to
file in MD you will likely have to notify your ex.
The fact that a restraining order was issued might
give you a good case for changing the names, and if
they kids are old enough their own wishes will be
considered by the Court as well, but the father's
parental rights have not been terminated so he will
have to be told of the requested name change.
If he does not know where you are right now and does
not seem to be looking all that hard, I would suggest
you talk to the kids and explain to them that you have
to do what you believe is in their best interest and
leave their names be. Once they have grown they can
change their names to whatever they please, but
if the ex really is a danger to you all, then your
first concern has to be with getting them safely
to the age where they can make that independent
decision...
Good luck and best wishes in your new marriage.