Name change of a minor


#1

The clerk of court will determine if abandonment has occured. In order to get them to make a decision on this issue then you will need to register your California Order here in North Carolina.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

What criteria will the court clerk use to decide if it is abandonment?
I have the court orders stating no contact, and the court transcripts stating he wanted to walk away from her. Do you think this is enough?

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]The clerk of court will determine if abandonment has occured. In order to get them to make a decision on this issue then you will need to register your California Order here in North Carolina.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


Anna Rivas


#3

My opinion is that the clerk will find that it is abandonment. The clerk will send a letter to the last known address of your daughter’s father giving him ten days to respond. If he fails to respond it is likely the court will find that abandonment has occurred. If the clerk rules it does not, you can transfer the issue to special proceedings for a hearing on the issue.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Thank you , I am in Wake County. And I thought the special proceedings unit is where I file it. If there is somewhere else, please let me know.

THANK YOU

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]My opinion is that the clerk will find that it is abandonment. The clerk will send a letter to the last known address of your daughter's father giving him ten days to respond. If he fails to respond it is likely the court will find that abandonment has occurred. If the clerk rules it does not, you can transfer the issue to special proceedings for a hearing on the issue.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


Anna Rivas


#5

You will file it with the clerk first, if the clerk does not rule in your favor, then you may request a hearing in special proceedings. If you need additional information on how to do this, the clerk should be able to answer procedural questions on where you should take your filing.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

I need help in changing my daughters last name and do not have much money.
I have legal and physical custody, and he can never contact her. This is a court order from California. I have lived in NC Since December 29th. My ex husband physically and emotionally abused our daughter, my daughter hates him and wants her name to be the same as the rest of the family, and not carry her biological fathers name. She is 11 years old on August 1st.
I understand NC law states that I cannot change her last name without his permission or death, except in the case of abandonment. I am not sure how to prove abandonment, though he did abandon her 4 years ago and has had no contact.
I do have the custody order, and I have transcripts from our Custody hearing in 2003 stating him saying he wants to walk away from her.
Is this enough to prove abandonment?
If not what more do I need?

Anna Rivas