Question:

My ex is looking into changing my kid’s last name 10 years after our divorce, and she has been remarried for most of that time. Can she do this after so long?

Also, we had an agreement in our custody agreement that 50 percent of child support would be refunded to me as travel expense if she were to leave the county, and she hasn’t paid any of it.

What can I do to get that back?

Answer:

First, you want to identify whether you continue to have decision-making custodial rights.

In Pennsylvania, this is referred to as legal custody and involves parents making all major decisions with regards to the children, and I think it is arguable this would include name changes.

If you share in the decision-making power, you should consult with one of our local attorneys and see what the appropriate jurisdiction would be for you to file something with the court preventing this change.

Each state is different with regard to the remedies available in such a case. For example, in Pennsylvania, we would file a petition in custody to enforce shared legal custody to prevent this change. If the original state where your decree was filed is no longer the appropriate jurisdiction, we have attorneys across the country.

With regard to the reimbursement funds under the custody order, assuming you did travel and incur the expenditures that reimbursement stipulates, you should also discuss with an attorney the viability of a petition to enforce that provision.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Maura Boogay, contact Cordell & Cordell.