Re-hiring A Minnesota Family Attorney After A Divorce Makes Good Sense

By Author: Sunil Punjabi
Total Articles: 2565
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We all know that divorce is unpleasant and no one wants to admit defeat. Nevertheless, after a divorce, especially if it was a long and drawn out challenged divorce, there may come a time when a Family Attorney will be needed again. One such incidence is if the parent with custody remarries and then wants to change the names of the children, an action that needs your Minnesota Family Attorney to be re-hired.

Children can be a major complication in a divorce, as we all want the best interests of the children to be at the peak of concerns in any divorce case. While divorce is always a difficult and trying experience, it is usually more so if there are young children involved. Tempers can flare at the thought of trying to change children's names. The same goes when a remarried spouse and their new spouse wish to adopt the children from a previous marriage. To try to resolve the issues, both personal and legal, it is a good idea to have someone who can talk to the Minnesota Family Attorney of the former spouse and overcome the objections before taking the issue to a trial where personalities will be challenged ...
... and even more harm can come from the action then intended.

So there are many supports, the desires of the children and the egos of the parents that need to be addressed in what would normally be thought of a simple issue. Regardless of the reasons for your desiring to change the names of your children the path may be very rugged and the help of your Minnesota Family Attorney is necessary. The justification can be from being remarried and the biological father is no longer a part of their lives, to being remarried and wanting to change their names to the new parent's or even after the divorce you changed your name back to your maiden name and want the children's name the same for various reasons.

Regardless of the motivations, you will need the assistance of your Minnesota Family Attorney primarily because it is not something you can do because it is something you decide is right for your children. The children's other parent has a right in the say and there must be reasons to not only have them change their minds, but also there must be sufficient reason for the judge to make a sound decision in allowing the name change. The application for name change not only needs to address the reasons for the change, but must include that both biological parents agree to the change, that the other parent relinquish any rights in the child's life to include visitation or other privileges and the parent having custody to relinquishing any child support.

This requires that your Minnesota Family Attorney to draw up papers to serve on the non-custodial parent informing them of the action and that they must relinquish all their parental rights to the child. Both parents have to agree to the name changes and if agreed upon, the judge will normally grant the application for name change. If both parents do not agree, then the reasons for cause must be presented in front of the judge to get the name change approved. This is why it is key to have your Minnesota Family Attorney in on the case from the beginning to be able to present as much reason possible as to why the judge should rule in favor of the name change. This is usually very difficult if the non-custodial parent has been involved in the child's life and has paid their child support.

Brown Family Law is a Minnesota Divorce & Family Law Firm of lawyers and attorneys focusing on Divorce and Family Law cases. Our Minnesota Family Attorney represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our Minnesota Family Attorney Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.