Minneapolis, MN asked in Appeals / Appellate Law, Family Law and Juvenile Law for Minnesota

Q: Should I file and appeal on a judges ruling regarding the name change of a minor when recipient was not served properly?

The mother of my bfs daughter has been trying to change the last name of his 3yo daughter to her new married name. He first received a letter in the mail regarding this motion in Sept. The letter only indicated the time, date, and virtual hearing link. It was in Oct 2021 and he showed up to find out it was not on the docket. He had to call the DAs office to find out it was canceled and rescheduled, but that was it.

last night he received a FB message from the mother of his daughter telling him court is tomorrow morning at 9am followed by a picture of the paper with the zoom link.

He shows up online as well as the mother and two witnesses. The judge asks all if they are present and to swear except for my bf.

Witness testimonies are taken, and the judge says “I’ll sign the order today”. That’s when my bf speaks up to ask if he gets a chance to object as the bio dad and the judge says “already signed. Get a lawyer”. Not properly served, and not given the chance to object.

1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Columbia, MD

A: Perhaps an appeal would be proper

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