Allowing children to use x-wifes maiden name


#1

Dear Brollar:

Greetings. I would directly confront this situation with your ex. If you have not agreed to change your child’s name, this is not okay. This is a form of “alienation” and must be corrected immediately. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks for the reply Janet. I have not spoken to my x about this situation because I dont want to do anything that might make my daughter feel like she is responsible for causing a riff between us. I will eventually address this with my x but before I do I want to get some advice from my daughter’s Psychologist. I am wondering if my x is not as concerned or does not see this as alienating, what can I do legally? Can I file a motion or complaint against her? If so, what motion should I use? I am not using an attorney at this point because I have recently become unemployed and I am barely getting by as it is. Any suggestions would be really appreciated.


#3

Dear BROLLAR:

Greetings. I would first talk to your ex. Tell her how this makes you feel and ask her to immediately rememdy the problem. Then, I would send a letter (keeping a copy for yourself), telling her to remedy the problem by a certain date. When the problem is not remedied, then you may want to seek legal action - but I cannot tell you what action would be appropriate without seeing the documents which settle your custody issues.

Do not shy away from confronting her on this…and always take the high road. That means no yelling, no cussing, and if she yells at you, remain calm. Keep your head up!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Janet,
Thanks very much for the solid advice. My former attorney had nothing but good things to say about you. I am wondering if sending her the letter by way of email would be as effective. I would also like to include her attorney as a CC.
Thanks again…
BR


#5

Dear Brollar:

Greetings. Go ahead and send the letter by e-mail and copy her attorney if you need to. I am glad that your attorney had good things to say about us!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

I discovered today that my 9 year old daughter has been using her mothers maiden name in school. Apparently, she and my x have discussed this with her teacher and they are all in agreement that it is ok to do this. This seems to be a little out of the ordinary so I dont know if there are any quidelines to consider. Is it OK for a divorced mother to encourage her siblings to just go ahead and start using her maiden name without the consent of the father?