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Name change for child. Father is on deployment and court

need to hear from him...
Name change for child. Father is on deployment and court need to hear from him. What to do?
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Answered in 28 minutes by:
2/23/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19,993
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Did you complete Military Affidavit to let the Court know that the father is in the military?

Did the father consent to the name change?

Kindly explain a little more.

Thank you for your cooperation.

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Customer reply replied 9 months ago
Thanks but there's more to it. Before dad left he signed two consent forms and told me that I could go with either name since we couldn't decide at the moment. Now I filled out the petition and submit it to court. After I submit I realized that I really wanted to use the other name so I went back to the clerk and asked so he said the court will take care of it. I went to back upstairs to court and judge said she can't grant me a name change for child unless the father is here cause she doesn't believe me, I told her the truth but still didn't believe. The court attorney al I assume said the signatures didn't look the same. I even offered show a signed power of attorney with same that the father did before he left but it was rejected. Now I'm left puzzled, baby without a name turning 1. Not sure when dad is coming home.

Thank you for the information.

Unfortunately, the name change cannot proceed under these circumstances unless the father sends Affidavit to the Court consenting to the name change. You would need to contact the father and tell the father the name you have chosen and ask the father to do an Affidavit and send over to you so that you can file the Affidavit with the Court. The father can get help from the military's legal office in putting together the Affidavit, which would consist of his name; where he is current stationed; his relationship with the child; how the name was chosen; how he gave you consent to use either name; that now you chosen one name and changed your mind that he still consents to name you have chosen; etc. Then, he needs to sign the Affidavit in front of a witness and date it.

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Customer reply replied 9 months ago
Thanks. Could that still work although the judge said the father need to be there? She also mentioned that when the father gets back. I'm actually going to talk to dad in a moment so I tell him.

I cannot guarantee what the Judge would do. However, that's worth a try. If the Court does not accept the Affidavit, then the case would have to be suspended until the father comes home. Because he is in the military, the Court is required by law to wait until he can be present in Court to make a ruling that would affect his rights.

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Customer reply replied 9 months ago
Thank you so much! I'll see what he has to say when I talk to him. I really appreciate your help.
Have a good night.

You are quite Welcome!

Kindly take a minute and use the popup screen to give a 5-star rating to my response so that I can receive proper credit for addressing your concerns. There is no additional cost to you for giving a 5-star rating. Positive rating is how I get paid for answering questions on the site.

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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19,993
Experience: B.A.; M.B.A.; J.D.
Verified
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Satisfied Customers: 19,993
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Experience: B.A.; M.B.A.; J.D.

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