Legal Question in Family Law in New York

dad needs help,moms out of control,no visitation w/cort order

My ex-wife has fought tooth and nail about visitation for 16 yrs now.We have been to court repetadly with no avail.when child was in kindergarten mom gave child her maiden name.Child has been using her maiden name all though school .shes in 11th grade now and child wants to change her name legally to moms maiden.I refused.Can mom legally procced without my consent?Theres allso a trust for my daughter for college.If mom wins this battle as well am i still obligated to give her this trust money?After all it is for a child w/my last name,not moms maiden.Child support has always been paid and a generous amount at that.We have a straind relatinship at best and the whole name change hasnt helped matters.Any advice would be greatly appriciated......thanks


Asked on 8/30/07, 7:27 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: dad needs help,moms out of control,no visitation w/cort order

I am going to need further information.

First, have you ever gone to family court to get a visitation order? If not you should.

Second, do you have a child support order, if you do, have you ever requested a modification?

Third, is the trust fund based upon a court order or is this something you decided to do on your own?

As for the name change, the mother can not proceed without your agreement unless she can show a reason that it is necessary. Using the name since kindergarden might be a reason that the court would accept. Regardless, the child can go for a name change herself after she is 18 years old.

As for the trust fund. If it was due to a court order, you must provide the funds to your child regardless, if not and it is a revokable trust, you are in control and do not have to give anything.

If I can be of further assistance, please feel free to contact me at 516.746.4747 or by e-mail at [email protected].

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Answered on 8/30/07, 8:14 pm


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