Legal Question in Family Law in New Mexico

I filed to change my sons last name in San Juan County NM. My sons father is has had no contact with my son for 12.9 months and he is 12.9 yrs old. i followed the process that i printed off and also notify his biological father via mail not certified. he did text and aid that he disagreed with the name change. what is my next move...help

Asked on 7/31/13, 1:56 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos
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https://firstdistrictcourt.nmcourts.gov/Forms/pdf/child's name change packet.pdf

If you don't have this, the name change packet for children is at this link in the first district court. If you use it change heading to the San Juan County district court. Or see if the same packet is on the San Juan district court website, or go to the courthouse in Farmington and ask.

Assuming you did the notice by publication correctly, you could just go ahead with the process. Send the father a copy of the notice of hearing that the court provides (give the clerk an envelope with father's last known address). To make sure you can show he got it you might make a copy and send it to him yourself by certified mail, return receipt requested. If he doesn't show for the hearing, when the judge asks you about notifying the biological father tell him what happened and show him the text. Also give him the history of the relationship, as you outlined it here. Judge has the discretion to grant the name change even in the face of the father's objections, or not. If not, you can start over, maybe he won't object next time. Or wait 'til child is 14 and have child request a name change; that may carry more weight with the judge.

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7/31/13, 2:33 pm

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