Legal Question in Family Law in Massachusetts
Bench Warrants & Child Name Change
A bench warrent was issued against my child's father for non-payment of child support. How is this issued and why doesn't a police office find it when looking for warrants? I want to change my child's last name to my name because he hasn't seen his father in two years. How can I do that?
1 Answer from Attorneys
Re: Bench Warrants & Child Name Change
It was more likely a Capias than a bench warrant. In any event, the warrants that show up on police computers are warrants for criminal complaints.
You can go to the district court and ask that a criminal complaint issue for criminal non-support. Some clerk-magistrates are reluctant, considering this solely a Probate and Family Court matter, but non-support is also a crime. Polite persistence will help.
The name change will probably not be allowed solely for the reason requested. Also, the court may be reluctant to add the last hurt to the child's view of the father. However, you have the right to request the change.
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