| 2. |
Q. |
My children,
8 and 10, have been living under my new husband’s name for
just over 2 years. Their father has known about this. He is
now taking me to court because of the change in surname. Yes,
he has parental responsibilities, but I haven't changed it
legally and the children are registered under his name everywhere.
They are just “known as� something different. Now is there
any chance I could change their name LEGALLY without his permission
as my children are refusing to see their biological dad unless
he allows them to live with their new surname? |
| |
A. |
You can not
change the legal names of your children without the consent
of their legal father or a court order in an adoption or change
of name case. Either court case requires legal papers be served
on the natural father at his last known legal residence, giving
him the right to answer and, therefore, object or consent.
The only times I have seen natural fathers lose is when they
move around or away without giving a new address, resulting
in them defaulting in the court case and losing the right
to object. Your case does not sound like that of a disinterested
natural father who will consent or move without furnishing
a forwarding address. Your situation is very common in modern
America so I am certain the divorce court judge and/or state
agency involved because of minor children will have experience
and know how best to resolve your problems. |
| 3. |
Q. |
My husband
was stopped by a police officer who was parked on the right
side of a four-lane highway. When my husband saw the officer,
who was walking up to his police car door with what seemed
to be radar in hand, he slowed down. Not long after, the police
car approached our car from behind with its lights flashing.
My husband, who was in the third lane from the right, made
his way over to the right shoulder, trying to decide if it
was safer to exit the freeway or stop atop an approaching
overpass. The officer, apparently, became impatient and drove
along side my husband and motioned to him to pull immediately
over, which he did. When stopped, the officer approached our
car and criticized my husband in an irate tone for not stopping
sooner and asked for his license and proof of insurance, which
my husband provided. The officer then walked back to his car.
There was no discussion about why my husband was stopped.
We assumed it was for speeding. When the officer returned,
he then told my husband that there was a warrant out for his
arrest for a prior ticket, to which my husband, perplexed,
replied, "Really? I wasn't aware of that." The officer
then responded, without a smile, deadpan, "I'm joking."
He then gave my husband the ticket to sign, which he did,
and left. After driving off, my husband and I discussed how
odd and off-putting the officer's behavior was, and I then
looked at the ticket and saw that the officer had not checked
off any of the boxes indicating what offense had occurred
and neither had he written in what speed my husband had been
going. He'd only written in the "notes" box at the
bottom of my ticket, "failure to stop." Effectively,
other than giving the court date and time (9 p.m., which we
also thought was unusual) and the officer's last name, the
location of the stop and my husband's signature, the ticket
was blank. My question: Is this ticket valid and/or dismissible,
given that it doesn't state my husband's offense -- or the
reason he was stopped? And how can one be accused of "failure
to stop" when the ticket is evidence to the contrary? |
| |
A. |
Yes, the
ticket is invalid and any charge should be dismissed. In view
of the unsure situation, you should hire a lawyer to go to
court for you. This sounds like something one of the Traffic
Ticket clinics can do well because they are experienced in
basics which should allow you to prevail easily here--be sure
to go in and talk to the lawyers who will assert your defense
to be sure they understand the unique nature of your situation
and do not lump it in with a large group of tickets to be
handled en masse. |