Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I am having to do a motion for name clarification of my

Customer Question
I am having to...

I am having to do a motion for name clarification of my 4-year old daughter. I have joint managing conservatorship with her mother (we were never married). We have already had a name change because she married her now husband 2 months before our daughter was born and he was considered the presumed father when they both filled out the birth certificate. We had already had a court order for a paternity test before our daughter was born, but they filled out the birth certificate with the stepfather as the father anyway. We went through arbitration to reach an agreement and we agreed to change her name: she kept her first name, we added two middle names (one of which is the mother's new married surname) and then had my last name as her last name. When her mother registered her for pre-K this past August, she put her both new married surname and my last name in the space for our daughter's last name. That is how she is filling all forms out now. We are going for a name clarification, and I was hoping for any help in how to navigate this.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Yes, Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

Although I feel I am just arguing to uphold our current agreement about the last name, she will argue that both surnames are ***** *****'s last name. So I therefore feel that I have to make a case to support why she should only have my last name and not her Stepfather's.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She also has a 10 year-old daughter from a previous relationship. That daughter's last name is ***** ***** father's last name (she has not tried to add her new married surname to that daughter's last name). I have exercised all of my visitation rights and paid all of my child support. My daughter is very close to me and my family. Her mother and stepfather habitually refer to him as "daddy" and refer to me by my first name when speaking directly with our daughter or in front of her. Her mother has also told her that her paternal grandparents aren't her family but just her friends, so we have ongoing parental alienation happening too.

Submitted: 5 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
11/14/2017
Family Lawyer: Ely, Counselor at Law replied 5 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

So your primary goal here is to have the Court determine the proper name of the child? Correct?

Ask Your Own Family Law Question
Customer reply replied 5 months ago
but the name on the agreement is just written out without any particular designation of what is a first, middle, last name. During mediation, I agreed to other aspects of the visitation because we had both agreed on my last name as our daughter's last name. Now she is claiming that her new married name is ***** ***** last name when we had agreed it was one of her middle names.
Family Lawyer: Ely, Counselor at Law replied 5 months ago

There is no need to file a motion for clarification.

An agreement without a Judge's signature is not binding.

Just because they wrote something else later on into a document (in school, etc) does not mean her name is ***** *****

Her name is whatever the Judge put into the decree. Whatever is in the court record. Period.

If the ex is using a different name in school records, this can be changed by writing a letter to the school, explaining the situation, and including the decree with the name change. If a wrong name is ***** ***** on a government document, a letter to that government agency will do the same thing.

I mean technically you can do a motion for clarification but it is needless, as this can be resolved without getting the court involved by simply sending a letter of explanation and a copy of the name change decree to every place where the child's name is improper.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
She is using all the same names just trying to make what we had agreed as a middle name, our daughter's second last name.
ex: Sarah ***** ***** Jones
Sarah= first name
Alice=middle name
Smith=middle name (mother's new married name)
Jones=my last nameThe mother is putting Smith Jones as the last name on all documents. Everything has been very difficult with her (her lawyer is her sister-in-law). She is going to argue that both Smith and Jones are last names, when that's not what we agreed. The final orders signed off my the judge has the name Sarah ***** ***** Jones, but not designation as to what name is ***** ***** last etc.
Family Lawyer: Ely, Counselor at Law replied 5 months ago

Right - and that is what I mean. You simply have to send a letter to the school/whatever agencies she has the child's name entered wrongly, explain what she did, and include a copy of the decree. The school/organization should then fix the name itself.

She can argue whatever she wants, but the point is that the school and other organizations will decide what the child's name is*****

If you are saying the decree itself is unclear, then yes, you'd want a motion for clarification. This is done by:

1) Drafting said motion

2) Filing it with the clerk

3) Calling the court, getting a hearing date

4) Sending out said motion, summons, and a precept with the date and/or a separate notice with the date to the opposing party, and

5) Showing up for the hearing on the motion to have the Judge clarify the name change order/decree.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Family Law Question
Was this answer helpful?
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,491
103,491 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,491 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Need information on how to get a paternity test for my
need information on how to get a paternity test for my husband who is in jail but he recently found out he may be the father of a 15 year old girl. Her mother is deceased and she lives with the suppos… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,866 satisfied customers
At a mediation can the mother as she is under the influence
At a mediation can the mother as she is under the influence be able to sign the mediated settlement agreement and it be honored in a pre-trial … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
At mediation today my visitation with my 6 and 12 yr old
At mediation today my visitation with my 6 and 12 yr old children has changed to once a month weekend from every other weekend and me driving over 3 hrs one way to pick up my children with my ex drivi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
If we work with a mediator to create a child support
If we work with a mediator to create a child support agreement, is the agreement filed in the court system? We are not married and live in New York. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
I have some back child support that the mother of my son
I have some back child support that the mother of my son wants to have erased.... can she do that? Also, she also wants to take me off child support?? Is that possible? If so, what do I need to do to … read more
Sean K
Sean K
Attorney/Member
JD
429 satisfied customers
I have a child support and visitation order that outlined my
I have a child support and visitation order that outlined my ex and I need to live with 5 miles to make it workable - if she moves 15 miles away and now wants to transfer my son to a school in the sam… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How does on go about proving parental alienation and the
How does on go about proving parental alienation and the mental effects it has on a child? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,866 satisfied customers
Can I get a paternity test at the drug store? Iowa. Does the
Does the MOther have to know that a paternity test is being done?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
Trying to disestablish a paternity tests am at getting the
hi trying to disestablish a paternity tests am at getting the DNA test next...the real child father is in his life but don't want to financial claim his child can you tell me what have to also be done… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,152 satisfied customers
I'm paying child support for children that are not mine I've
I'm paying child support for children that are not mine I've been doing it for over 24 years and the judge says until I get a paternity test their mine so I want to know how do I get a court order pat… read more
Crystal
Crystal
Attorney
JD
3 satisfied customers
I recieved a order for child paternity test for a child
i recieved a order for child paternity test for a child living in Germany i've never been to Germany how do i submit this test … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Can a dad lie about a paternity test and keep his rights in
Can a dad lie about a paternity test and keep his rights in the child's life if he is not the father? He lied to the courts about taking a DNA test and I later found he is not the father, but there's a court order in place, naming him the custodial parent. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
The father of my child has not asked for a paternity test
The father of my child has not asked for a paternity test since my son was born. AJ is three months old now. I was told that after 90 days, if hasnt asked for paternity test, his rights are taken away… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Oklahoma child support agreed to a paternity test in the
Oklahoma child support agreed to a paternity test in the state i was residing in after agreeing they went to court the very next day and remanded me the father of 3 children and give me no paperwork a… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,069 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
ARE prenatal and postnatal dna paternity test the same
ARE prenatal and postnatal dna paternity test the same accuracy? Have you heard about the Company Ravgen??… read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x