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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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I live in MO we are trying to do a minor name change so my

Customer Question

I live in MO we are trying to do a minor name change so my daughter has my last name. We are doing it pro se. We had an atty friend help us with petition and other firms. We have filed 2 amended petitions because the judge didn't like how it was done. The judge assign was also my atty who handled my divorce and a custody case involving the minor in question. This is a consented name change. My Ex-wife signed the consent. We weren't married when the child was born. Do I have grounds to request a new judge due to a conflict of interest?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
Did you have some problems with this judge during his or her representation of you?

If this is a consented name change why would there be a conflict of interest?

Customer: replied 2 years ago.
It is a consented name change. They judge keeps sending the petition back to us stating it's not correct. So the 3rd time my wife now had an atty she works with look it over and he rewrote it again and we filed the amended petition the judge has now filed a hearing for motion to dismiss and sent a letter to us saying the
Petition again is not correct. Yes I had issues with the now judge when he was my attorney. I feel as though he is doing this because we are doing this pro se and because a still owe his firm a nominal amount of money. I did my step daughters adoption pro se and we had another judge and none of these headaches. Honestly this is a consented name change, my 14 ur old daughter just wants the same last name as me and my ex- wife. From what I've researched since its consented there should not even really be a hearing just the judge to sign off and up publish her name for 3 weeks and show him proof we did this and then he sign the order for name change. I am at a loss ad frustrated that now I will have to locate an atty to assist us with such a simple request. That is why I wondered if there is a conflict of interest with te judge.
Expert:  Dave Kennett replied 2 years ago.

Dear Customer - You can file a motion for the judge to recuse himself based on this. Whether that will happen I cannot say but this should be a very simple name change if no one is contesting the action. You can also file a complaint for judicial bias with the state supreme court as well as the Bar Association. If a local attorney has checked the form for any flaws and found none then this sounds like the judge has a ax to grind with you and that would be bias if the judge is also ruling on a current case.

http://www.courts.mo.gov/page.jsp?id=46

http://www.mobar.org/

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Dave Kennett
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