Changing Your Identity / Fleeing from Abuser

Sole custody may allow one parent to make decisions regarding the child without input from the other parent. This may include major decisions involving the school the child attends and medical procedures the child needs or doesn’t need. However, sole custody generally may not cut off all of the the other parent’s parental rights and responsibilities - but this may vary depending on the specific situation. I cannot speak to the specifics of your state’s laws on this topic or to your specific situation but in general, the consent of both parents may be required to change the name of a minor. If one parent does not consent, the other parent may still be able to get a court order from a judge for the name change after a hearing in court where the other parent may would have the right to be present and to object. The forms for changing a minor’s name in STATE may be available here: GO TO COURTS WEBSITE FOR THAT STATE OR GOOGLE ‘PETITION FOR NAME CHANGE [+ STATE]’ IT TO GET LINK - IF YOU CAN’T FIND IT, ERASE THIS SENTENCE

Assuming the other parent does not agree on the name change, and the person who wants the name change has to go to court, s/he may have to explain to the judge at a hearing the reason why s/he thinks it’s in the child’s best interest to change his/her name. The other parent may then have the opportunity to object and present reasons why s/he thinks the name should not be changed. A judge may agree to change the name of the child over the other parent’s objection if the judge believes that doing so would be in the child’s best interest - again, I can’t specifically speak to the standard the judge would follow in your state. If the judge grants the request, the judge may sign an order which officially changes the child’s name.

It may be helpful to have a lawyer assist you with this process, especially if there are complicating factors involved. If you can afford a lawyer, a lawyer referral service may be able to help you find a lawyer who has experience in this area of law. If you can’t afford one, you may be able to get help from legal aid, who provides free or low-cost legal help in some cases. If they can’t help you, they might be able to refer you to someone who can take your case on a sliding scale fee or for free. Some legal aid organizations that can give referrals don’t advertise that they do - you may want to to specifically ask for a referral if you need one. Here is a link to legal referrals in [STATE]: LINK