Legal Question in Family Law in Massachusetts
Filing for sole custody and name change???
I have physical custody of my 5 year old daughter, in the past 5 years her father has spent maybe a total of 2 months worth of time with her. He does pay child support to the state, he is currently on active duty in the Navy and has back owed child support building up. Can I petition the court for sole custody while he is over seas and can I add my last name on to my daughters name with out her fathers permission???
2 Answers from Attorneys
Re: Filing for sole custody and name change???
No court is going to allow you change the name of your child and revoke your husband's rights while he is on active duty. JAG will likely enter an appearance on his behalf. If he is stationed in the US, you may be able to get somewhere in court but it is unlikely the court will allow you to change your daughter's last name without the consent of the father. Once your daughter reaches the age of 18 she can petition the court to change her name.
As to the non-payment of child support if you contact the MDOR they should contact the military and your child should get both benefits and support.
Good Luck.
Re: Filing for sole custody and name change???
Changing a name will likely require the permission of the father. As for the back support I would contact the Mass Department of Revenue.
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