Can my ex-wife change the last name of the children? Do I have a case against her to win primary custody rights?

Question:

I have filed primary custody for my two children, the mother and I have joint custody, the children reside at her residency two days more than mine. The mother is trying to change her last name back to her maiden name, can she also change the children’s last name, what is the likelihood of her winning this petition? Also, since I have filed the sole decision making paperwork for the children what is the likelihood of me winning my case? She has a warrant out for her arrest right now for disorderly conduct and criminal damage and I have placed a protective order against her, can that play a role in the judges decision towards granting me sole decision making?

Answer:

Yes, domestic violence and criminal behavior may very well her ability to have decision making authority.

The law requires that there must have been significant domestic violence in order to prevent her from having equal decision making authority, but it sounds like such may be the case.

The first thing you should do is seek advice from an experienced family law attorney. Most, including The Sampair Group, do not charge for your initial consultation.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
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To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at Sampair Group.