Legal Question in Family Law in Minnesota
Child's presence for name change
I was awarded sole legal and physical custody of my child due to abuse and endangement by his mother. Since then, I have applied to have my son's name changed, and in anticipation of any objection by the mother, I will be presenting letters from his therapist and school (He's in Kindergarten)in support of the name change. My question is, is it advisable that I bring him to court, or should he be kept out of the proceedings?
1 Answer from Attorneys
Re: Child's presence for name change
The few times I have done name changes for children, I have always had the child there. I don't know for sure, but I expect it is legally required that the child be there and be identified just as an adult would be by a couple of witnesses.
Part of the process is intended to prevent the changing of names of other people without their consent or the changing of names of dead people for fraud purposes - such as the creation of a new identity for someone.
Most judges I know would be really reluctant to do anything without the person - adult or child - physically present - if for no other reason than to be sure that the person exists and matches the description being given.
The judge may, however, have the child wait in the hall or in the next room during part of the hearing - so have a person along with you who can care for the child and bring him in when he's needed.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the lawyer of your choice concerning the details of your case.
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