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Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.
If you do not let your home state know that you've changed your name elsewhere, you will have to list the new name as an "alias" anytime you return to your home state.
Your birth name will not change as far as your home state's concerned unless you change it there also.
Does that make sense?
Can you see what I wrote?
Ok heres the issue. My childs father legally changed his name in AL. However did something to spark an investigation in his home state CA. When doing the investigation they pulled his CA drivers license. Additionally he Identified himselt to police using his old name. I just now found out that his "newest" name is XXXXX XXXXX fact his "real name". I even gave my son this name. Is this illegal on his part?
It's not illegal if he didn't try to defraud, but it will look really bad.
He should have cited the new name as an alias.
in AL or in CA?
Oh, sorry, he used his old name (the birth name - unchanged)?
...unchanged in CA
I thought you were saying the opposite
If he used his birth name, he has done nothing wrong (assuming it still is unchanged in his home state).
Is that clear?
In CA yes. His Birth name is "Mays" new name is "Willis". Police tt him and he identified himself as "Tom Mays"
Right, that's okay.
If needs be, he can explain the difference.
They'll look into and he should be fine.
But in Al he only goes by "Willis"
That's okay, as long as his birth name has not been changed in his birth state.
So its legal to have 2 DL's in 2 different states?
??? Im confused. My attny advised me otherwise
He's wrong; it's actually quite common to have multiple Drivers Licenses.
She said it was illegal to operate under an alias
Well, if you legally change your name in one state, and still list your birth name when asked, you are not using an alias to confuse; hence, you've done nothing wrong.
All of our court docs use his new name. And he doesnt need to state that it is an alias?
That's a different question.
It should be listed as an alias if he doesn't use his birth name in court documents (unless you change the birth name in the birth state).
sorry not really
In court documents, he should use his legal name (birth name until changed in birth state); if not, he should list that it's an alias name.
Or, he can list both names.
He can amend to correct current filings (to meet legal requirement).
so because he never changed his name in his birth state the fact that I gave my child this "new" name doesnt matter?
It matters, but so does his birth name until changed in his birth state.
OK so that sounds a bit different to me now
Sorry if I caused any confusion.
So if he is using only "willis" in AL. On ALL docs. And he has not changed it at all in CA. ( birth state) He is required to list it as an alias.?
He should; if he doesn't, he will be taking a risk that the court assumes that he is attempting to use an alias name to defraud.
SO essentially he HAS done something illegal?
Technically, I guess. However, he can correct that by amending all pleadings to include both of his names.
we have a 3 year custody history and he has arrest records there with the "new" name
no mention of the old one
He should have listed the old one; otherwise, it appears deceitful.
... To be honest, he should have listed both (given the situation).
would this assist in me getting a name change to MY last name for my son? We were never married
You could certainly make that argument.
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