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.


Asked on 10/15/99, 6:20 pm

1 Answer from Attorneys

Lowell Wilson Law Office of Lowell G. Wilson

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.

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Answered on 10/18/99, 8:16 am


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