Q: Can my ex-wife file a Petition for the name change of our two children without notice or personal service upon me?
While doing some research on an Aggravated Stalking and Harassing Communications against her I ran across court records that show she filed a Petition for name change and instead of listing me as their natural father she put down "ex parte" as a defendant. I tried to e-file Objections but the Court Clerk said I needed to file a formal Motion to be added as a defendant. My ex-wife recently filed an Affidavit of Publication which indicates she had no address on me. I see no logic in filing a Motion if she has not properly filed, noticed, or served the Petition upon me. Seems to me that a letter to the court from me about her failure to comply with the statute should suffice. Am I right?
A: No you are not correct. The court is under no obligation to pay attention to a letter. You must file a verified pleading.
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