I need the WV code that deals with a person naming a child any name other than their own. I know this to be in the code. I printed it 18 years ago when my son was born, but now with the internet I can't find it.
I also want to know if a judge can rename a child's last name if it is not in agreeance with the parents.
State/Country: West Virginia
A divorce. The Family Law Master won't give me one. He changed my children's last name with out my or their father's permission. I don't believe he is following the law to which he is governed.
what can I do?
The following are the current name change statutes on the West Virginia code. There is no specific statute which provides that you can name a child any name other than their own. If there was one 18 years ago, it must have been changed as the following codes are the current laws on the books:25 - CHANGE OF NAME 48 - 25 - 101 48 - 25 - 102 48 - 25 - 103 48 - 25 - 104 48 - 25 - 105 48 - 25 - 106 48 - 25 - 107 Not sure what the reason was for the Master to change the name without parental permission since I am not privy to the circumstances as to why this was necessary. You should be able to appeal if the master was not in compliance with the law. There are time limits to appeal, so you need to ask the court clerk for that specific information.
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The answer to the question was not what I needed. The answers as noter 48-25-101 to 108 deals with the changing of the last name in divorce, foster care, has nothing to do with a Judge making an order to change a child's last name to match the fathers. There is no law to state that the Judge can make this order, there for the Judge's decision is being appealed to the Circuit Court.
Did this help me...no it did not. I alrealdy knew this law, I spent 2 days in going over "Child" in #48 of the West Virginia Code and it did not cover my question.
No problem, I will opt out then. All the best to you.
I see your previous expert has opted out, but after a search of the law, I can also find no such law to which you are referring. However, the judge still needs a basis for ordering the name change, such as the children are found not to be the biological children of the person whom they are named for or based upon a petition to change the name. If the judge simply changed the names without reason, then this does not fit into any of the statutes above, which as your previous expert stated are the only current statutes regarding this on the books in WV.
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