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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3455
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My 2 year old son was named after his father. Myself and his

Customer Question

My 2 year old son was named after his father. Myself and his father were never married and ultimately went our separate ways while I held sole custody of our child. Through searching through several courts, I found my child's father is has been charged with serious felonies, and has a warrant for his arrest in a different state. When I type in my child's name though Google his fathers mug shots along with crimes are the first thing that pops up. I don't want the actions of his father affect his future so I wanted to change his full name. Would this reason be valid for a name change. Also he does not associate his birth name with himself. He identifies himself as a family nickname he was given.
Submitted: 1 year ago.
Category: Family Law
Expert:  Michael J, Esq. replied 1 year ago.
Hello -
Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law issue today.
At the hearing, the magistrate must decide whether it's in the best interest of the child and whether it is reasonable and proper to make the change.
Because the name is ***** ***** a felonious father who is no longer in his life, I'd say changing the name is ***** ***** best interests of the child. Evidence of the father's misdeeds may help the Judge make the decision. Also, because the father and you were never married and I assume he never established paternity, he would not need to consent.
Even if he established paternity, the magistrate could allow the name change without his consent.
I hope this helps.
If you valued my time, please consider leaving a positive review. Experts don't get credit for our answers until you do. I'll be happy to follow up until you're completely satisfied.
Michael
Customer: replied 1 year ago.
The father is somewhat active in his life. He sees him 5-6 days out of the month. Would that affect the judge's decision. Also paternity was never established but father's name is ***** ***** birth certificate. In your opinion is fathers crime history enough evidence o support the full name change.
Expert:  Michael J, Esq. replied 1 year ago.
If he has not established paternity that will not affect the Judge's decision. Yes, I believe you should be granted a name change. Michael