Full question:
I divorced in California before my son was a year old. In the divorce I was awarded full legal and physical custody of my now 11 year old son. I remarried when my son was almost three and he has always gone by my husbands last name. He sees his biological father once maybe twice a year, he does pay child support. Per the request of my son, I finally filed for a legal name change so his last name legally matches mine and my husbands. My ex-husband came to the hearing and objected to the name change even though he has known my son has gone by this name for nine years. We now have a Evidence Hearing set. Do I need an attorney? What evidence do I need to prove this is in the best interest of my son? and finally Why must I prove this is in his best interest if I have full Legal and Physical custody and my son is there to state his wants?
- Category: Name Change
- Date:
- State: Minnesota
Answer:
It is not required that you have an attorney representing you at your hearing, although it may be wise to at least consult with a local attorney prior to the hearing if you anticipate that the father is retaining an attorney or planning a substantial presentation to the court.
You may find this case from the Minnesota Court of Appeals helpful in determining what the court will consider at this hearing:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mn&vol=appunpub%5C0407%5Copa032029-0727&invol=1
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
