Legal Question in Family Law in New Mexico

Re: name change

NMSA 1978 40 - 8 - 1: "... The parent or guardian of any resident of this state under the age of fourteen years may, upon petition to the district court of the district in which the petitioner resides and upon filing the notice required with proof of publication, if no sufficient cause is shown to the contrary, have the name of his child or ward changed or established by order of the court. When residents under the age of fourteen years petition the district court for a name change, the required notice shall include notice to both legal parents. ..."

She can petition the court for a name change for the child. The language of the statute is a little ambiguous as to whether you have to be noticed personally. She has to publish the notice anyway. You can object if you go to the hearing. Your standing to object and the weight of your objection may depend to some extent on the contents of your parenting plan, if you have one, approved by the court, and how well you have complied with it.