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Using married name after restoring to maiden - California


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#1 classic356

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Posted 03 January 2013 - 12:38 PM

Situation:

My ex-g/f who I have a child with was married before we met, marriage and divorce happened in California, divorced years back, and subsequent to the divorce filed for a request that her former name (maiden) be restored. It was ordered by the Superior Court of CA, a few years ago.

Fast forward to now -- we are in litigation fighting over our son. She is using her married name on all paperwork (not just court related, but on school forms for our son, etc), instead of her restored maiden name.

My question: Is this legal, that is, her using her married name when it was ordered by the Superior Court that her former name is restored?


Thanks!

#2 Ted_from_Texas

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Posted 03 January 2013 - 01:00 PM

When your ex got the court order to restore her maiden name, did she actually take action to restore it? That is, did she get a new driver's license, Social Security card, etc., with her maiden name? Or did she just let the matter slide, and keep her married name through inaction?

In any case, you are free to bring this to the attention of the court, but I can't imagine that it will have any bearing on your custody case. Consult local counsel.

#3 classic356

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Posted 03 January 2013 - 01:21 PM

When your ex got the court order to restore her maiden name, did she actually take action to restore it? That is, did she get a new driver's license, Social Security card, etc., with her maiden name? Or did she just let the matter slide, and keep her married name through inaction?

In any case, you are free to bring this to the attention of the court, but I can't imagine that it will have any bearing on your custody case. Consult local counsel.


Thank you Ted for your response.

I cannot answer your question, as I do not know. All I know is that she uses her married name in all documentation I see (court docs, school forms, etc).

Alone, I did not believe it would have any bearing on the custody case, but there are a number of other instances of things she's done -- restricting me from speaking to our son while spending the week at her house (custody order allows non-custodial parent of that week to call our son at specific time), taking him to a new pediatrician without telling me and then putting down on school and daycare forms that this new doc is his actual pediatrician (this can be very dangerous), putting down that her boyfriend is my sons father/step-father/guardian on school, daycare, summer reading program, and medication forms, lying to one organization about what another one states about me (have proof in writing that she lied), failed to pay for 50% of healthcare premiums for years, doesn't consult with me on certain aspects of our sons life (custody order specifically says we are to).....and the list goes on.

I just thought that coupled with everything else, if she was falsely using her married name when legally her maiden name is her name, that if this could just be more fuel for the fire.

Thanks again.

#4 pg1067

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Posted 03 January 2013 - 02:27 PM

I'm not sure what you mean by "falsely using her married name," but it's neither here nor there.

#5 classic356

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Posted 03 January 2013 - 03:34 PM

I'm not sure what you mean by "falsely using her married name," but it's neither here nor there.


Meaning why would someone petition the court to restore their maiden name if that is not the name that they, going forward, are to go by.

Hope that clarifies things for you a bit.

#6 pg1067

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Posted 04 January 2013 - 07:13 AM

Maybe she changed her mind. I have no way of knowing. As I said before, however, it's inconsequential.

#7 FindLaw_Amir

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Posted 04 January 2013 - 11:56 AM

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