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I am a mother of a 5 year old boy. He has my maiden name.

Customer Question
I am a mother...

I am a mother of a 5 year old boy. He has my maiden name. His father is trying to have his name changed. Problem is, I have full custody, he has visitation. He is not compliant with child support, he only had supervised visits the first 2 years of his life, his father was arrested twice, Noah’s in school already and knows his name. His father also is trying to bribe me on saying that he’ll give me $15000 to keep Noah for a year or 2. What can I do? And what are the odds of him getting this. He is not compliant with anything he does.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

There are police reports from previous situations, and he had his license revoked after not paying child support. He is taking me to court to get his name changed I have court on the 27th.

Lawyer's Assistant: Family law varies by state. What state are you in?

Nj and mind you Noah lives with me, I have his insurance covered. He goes to school by me

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

Well this doesn’t have to do with my son but he has a violent past with me. And had a Dyfs case opened against himself

Submitted: 4 months ago.Category: Family Law
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3/14/2018
Family Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,785
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What you need to do is file an objection to the name change. It is not in best interest of the child as you are the mother and have full custody and it could cause damage and issues to the child at school to change his name now. Furthermore, in your objection you need to state that the father is in contempt of court and has not made any payments as ordered by the court to support the child.

You need to tell the father if he pursues this you will be filing a motion for contempt in addition to objecting to the name change and you will seek damages including attorney's fees for him not paying support as agreed. I would not enter any agreement with him based on his promise to pay you for anything if he is known for lying about these things and not honoring agreements he made.

Chances of the court granting his request are slim if he is not up to date on his obligations.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
He is almost paid off his arrears for child support. It took almost a year to payback child support. I already have court. When. I got information that I had court I told the judge I do not agree with what he is asking. I have court on the 27th what else should I state? Will the judge look at his past issues as something that would cause the case to be dismissed? Should I print out the text from him stating the bribe?
Family Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

You need to demonstrate to the court that this will cause your child issues in school and as such is not in his best interests at all. The court will look at his past and also how much time he spends with the child presently. It is not really a bribe, it is an offer to settle, so you cannot introduce that offer the court would not be able to consider it.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
your stating that I should not bring up the fact that he is trying to convince me togive up my son for $15000? I thought that the judge would look at that as a bribe
Family Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

It is not a bribe, legally a parent can give up custody to another parent based on some financial compensation. Legally that is not considered really an unlawful bribe.

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Customer reply replied 4 months ago
what your saying is I should not bring up the financial thing he is trying to do? Just bring up the fact that it’s going to cause issues and confusion with my son in school, he is already in school.
Family Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

Yes, and you need to say that he has ignored the child's financial support and you can point out how it would cause confusion with the child in school. The fact he is trying to pay you to get custody is not relevant to the name change.

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