How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37491
Experience:  I provide family and divorce law advice to my clients in my firm.
18572087
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

My husband walked out when I was 5 months pregnant with our

Resolved Question:

My husband walked out when I was 5 months pregnant with our son. When he was born I gave him my maiden name. My husband apparently filed a petition to change my son's last name. This was done 8 months ago. I was NEVER made aware, never served, nothing, even though we see each other on a weekly basis! He was scheduled for a hearing in January at which time the judge granted his petition since there was "no objection made by the defendant". I would never have known except that when I told my husband I wanted a divorce in April, he threw the paper at me as a " ha ha screw you. look what I did" move. When I took the paper to the courthouse they told me I couldn't do anything about it since the time for appeal had passed. Is there anything I can do? Is what he did illegal? I'm assuming ( from talking to lawyer friends) that the judge had to have at least ASKED how I was served and since I wasn't, whatever he told him was a lie. Isn't that perjury? If I need to get a lawyer can I turn around and sue for the lawyer's fees if he is found out to have perjured himself?

Thank you in advance.

PS we live in PA.
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. I happen to be a Pennsylvania licensed expert.

This is very much an unusual question. The reason why this is unusual is typically under PA law a child, if born to a married couple, is by default given the father's last name. Here, it is possible that the modification was done simply under the grounds that this was an initial mistake during birth. However even so you ought to have been properly served since under PA law BOTH parents have to be served and/or consent to a name change for a minor child. What you can do now is file a petition to "set aside" the decision on grounds of improper (or rather, lack of) service and request a re-hearing. You can then, via your attorney, request by subpoena that the other party provide proof and evidence of property service; if unable to provide, counter sue for wrongful institution of civil proceedings, request that the judge consider pursuing perjury charges, and request attorney fees for the hearing.

Good luck.
Customer: replied 3 years ago.
Thank you for such a quick response. One question, I was under the impression that I could give my child whatever last name I chose. Was my not giving him his father's last name illegal in any way?
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

Actually you are both correct and incorrect. You are free to give your child whatever last name you chose. However, so can your husband since legally your custodial rights to the child are exactly the same. You not giving the child the husband's last name is XXXXX XXXXX however, it is just uncommon.

Good luck.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37491
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 4 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney