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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27159
Experience:  16 yrs. of trial experience
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the teacher changed and registered my daughters last name

Resolved Question:

the teacher changed and registered my daughter's last name to step father's last name on certificates, registration records, diplomas, or even announcement without my consent. With wrong last name given by step father and mother. I have a long fnmily court dispute with mother and step father for 5 years until now. (visitation, child support).

I already notified the teacher in writing, email months ago but he still put that last name on every document until today.

I am legal father and my last name is XXXXX XXXXX birth certificates, court order, etc... ,,,
My daughter is 11 years old. I want to sue the teacher first and file to family court second. I would like to ask how can I sue the teacher.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.


Can you tell me, was this a public school or a private school?

And can you tell me, did you raise this with the principal? If so what was their response?
Customer: replied 1 year ago.

It is Tae Kwan Do (martial arts) institution. The owner who is a teacher did this. We used to have a written argument back and forth on the emails in other matters concerning my daughter before such as visitation at the institution and etc.


 


When it comes to this last name issue, I already sent him court order that showing I am legal father and also birth certificates. He still ignored it and always take side to mother and step father who also now have a legal issue with me in family court.


 


I want to sue this TKD teacher.

Expert:  P. Simmons replied 1 year ago.
Ahh

thank you

Tell me, are you paying any of the costs of the school at all?
Customer: replied 1 year ago.


no, this school mother brought her to have classes.


I also brought her to this school sometime to take a class.


I paid child support. I have shared physical and legal custody.

Expert:  P. Simmons replied 1 year ago.
Thank you

I am very sorry to have to bear bad news.

I do not believe you are going to be able to sue.

If this was a school in the sense of a grade (elementary school) and they were not properly documenting your child's progress in the school (and placing the proper name on the students records is part of the documentation required for a school), then you would have a great suit.

But what you describe, this is a private business in contract with the mom.

They are not bound by the same laws that regulate public (or even private) schools.

So if mom is paying the bill, mom can have them put whatever name she likes on the certificate.

Again, I am sorry to have to bear bad news, but you are not going to be able to sue.


Please let me know if you have more questions...happy to assist if I can
Customer: replied 1 year ago.

what if I file to family court instead and can family court order some changes. ?

Expert:  P. Simmons replied 1 year ago.
Not for a martial art school. This is not a school that is treated in the same way as an elementary school.

It is a business that runs off contracts...basically the customer signs a contract with the school and both parties (the school and the customer) fulfill the terms of the contract.

So the family court has no jurisdiction...at least not over the business

That said, the family court DOES have jurisdiction over the child and the mom.

SO you could file a motion with the court asking that mom be held in contempt for this action. If you can show that this is bad for the child (that mom's having the diploma an records in the wrong last name is XXXXX XXXXX the child) the court can step in and order mom to fix it, or take away custody from mom.

So the court can order mom to take action...they just can not order the martial arts business to do anything

Customer: replied 1 year ago.

thank you so much .. last question .. .can you give any example of showing and what should I show to present that the wrong last name is XXXXX XXXXX the child , I mean reasoning way to write it .. . . .


 


I want to file a motion this Monday.

Expert:  P. Simmons replied 1 year ago.
Sure...

The standard of the family court is not complex.

The court will decide all matters based on one thing...one thing only. "What is best for the child". NOT what is best for mom, or dad, or really anyone/thing else. The court is concerned about the child.

SO what you describe? It sounds like the mom is trying to subvert the order of the court (keeping the child's last name as yours)

That is the child's legal name.

SO you want to focus on the child here...how mom is taking steps to, it seems, suggest that there is something "wrong" with your last name.

This sounds like a decent case...if you are willing to put the effort into this, I suspect the court will agree.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27159
Experience: 16 yrs. of trial experience
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P. Simmons
P. Simmons
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16 yrs. of trial experience