I have an evidence hearing set . Do I need an attorney?
Full Question:
I divorced in California before my son was a year old. In the divorce I was awarded full legal and physical custody of my now 11 year old son. I remarried when my son was almost three and he has always gone by my husbands last name. He sees his biological father once maybe twice a year, he does pay child support. Per the request of my son, I finally filed for a legal name change so his last name legally matches mine and my husbands. My ex-husband came to the hearing and objected to the name change even though he has known my son has gone by this name for nine years. We now have a Evidence Hearing set. Do I need an attorney? What evidence do I need to prove this is in the best interest of my son? and finally Why must I prove this is in his best interest if I have full Legal and Physical custody and my son is there to state his wants?
05/22/2007 |
Category: Name Change |
State: Minnesota |
#5556
Answer:
It is not required that you have an attorney representing you at your hearing, although it may be wise to at least consult with a local attorney prior to the hearing if you anticipate that the father is retaining an attorney or planning a substantial presentation to the court.
You may find this case from the Minnesota Court of Appeals helpful in determining what the court will consider at this hearing:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mn&vol=appunpub%5C0407%5Copa032029-0727&invol=1
