Unlawful Name Change?

[kcjean]

I was so excited to find this site.  You would figure after 7 years of custody crap, I would have found it sooner!
Here is what I am looking for:
My husband has 2 children.  One was awarded to him (have faith dads) in 2001 and the other, he did not fight for at the time.  Mom has full physical and legal of the other...which is the child in question.
In 2000, Dad signed a form (not a legal one) saying he would relinquish rights to the younger child *Faith* if Mom would leave older child *Hope* in our home and Dad would have unlimited contact to Faith but stepdad could adopt.  After he signed it, he knew it was a mistake and did not go forward.  She tried to enforce it by getting the GAL involved but he noted that unless it went to court (never did) the original order would stay in place.  Mom took other child back out of our home but we were awarded custody back.  Mom moved away and since that time has been slowly separating all contact Dad had with Faith.
Now, Faith has no idea my husband is her real dad and Mom has changed her last name to stepdads and told everyone he adopted her, including schools, etc.
We have written once to the school and are again with the FERPA info but until the current case on Hope (yes it never ends) is over, we are reluctant to file on Faith.
What is the legal recourse for Mom just changing the child's last name??
KC

[Kitty C.]

Legally, she cannot change it without the written permission of the father.  So if she is telling the school to use another name, they are also doing so illegally.  And a name change is NOT legal unless it is approved by the court.  Once a child reaches the age of majority, they can change their name as they wish.

Regardless of what is going on with the case on 'Hope', you MUST inform the school that they are using an illegal name with Faith and they must cease and desist immediately.  I've been thru this with my niece, who wanted to use my brother's (her step-dad) name at school, but because her BF refused to let her change her name legally, she had to use her birth name on all documents related to school.  If they refuse, you need to have your atty. write a sternly worded letter to them.  I'd also include a copy of the child's birth certificate, so there is NO question as to what her legal name is.

[jilly]

If the name change was legal there would have to be name change order on file at the courthouse.  She would have had to provide a copy of the file stamped order to the school.  No court order no legal name change :)