Father name changed in school records

Have you mentioned anything about custody while mutual consent divorce? 

Respected Sirs/Madam/Lawyers,

 

I need your help regarding a problem that I am facing.

 

My wife and I went through mutual consent divorce.  We have a daughter whose custodial rights I gave to wife and agreed that I wont claim custody in future.  

After reading about many cases of custody, talking with my counsel and talking to many people who underwent custody cases, the mental trauma that the kids undergo due to the cases, I came to a conclusion that I wont go for custodial rights case and save my little one from further trauma as she was hardly 3 years old when we got mutual divorce, and did not file child custody case, nor did I file visitation rights case

 

I keep visiting to meet my daughter, though it is troublesome as my ex-wife creates huge ruckus each time when I go to meet her, the new husband is also present when I meet the kid.  The kid is fine with me, but here also I have not approached court as ex-wife creates problems when I meet my daughter.

 

I have given 10 lakhs to be kept in the name of my daughter for the purpose of her education while we decided terms of mutual divorce.  My wife could not claim any alimony as she is working woman.  After the mutual divorce, my wife remarried.  

 

I keep in touch with my daughter, but she does not know that I am her father.  The new person whom my wife married has not legally adopted my daughter and does not stay with my exwife and daughter, but visits only once a month as he stays in a different place.

Recently, I came to know that in her school records my ex-wife has put her new husbands name and not my name as the father.  They have not seeked my permission to put new persons name as father.

This gave a big jolt to me.  

I have with me birth certificate of my daughter issued by govt birth and death department where fathers name is mentioned as mine.  I have all photographs from birth till the day I got mutual consent divorce, 0-3 years.

Now I want to take steps for changing the name of the father in the school records of my daughter.

What are my legal options?  Please do help me with the problem I am facing.

 

Many thanks.

Although you have surrendered the physical custody of the minor child and not even claimed visitation right, still you being the biological father enjoy the natural guardianship of the minor child . What it means, you have right to manage in person and property of the minor child. The ex-wife has not claimed sole guardianship of the child, that was her mistake or mistake on part of her lawyer. As most lawyers I see hardly get in to all legal aspects of the case and rather prepare case in a superficial manner. Now what you can do is to write to the school authorities about your being the biological father and natural guardian henceforth your name should be mentioned in the school records as her father. You must mention that your ex-wife doesn't have sole guardianship of the child to decide about the child without your consent although she has physical custody of the child. You send this a legal notice to the school to change the record and mention your name as father of the child otherwise you will take appropriate steps against the school at their risk and cost. Just do as I say and see the reaction of your ex-wife. If she files petition seeking sole guardianship of the minor child, just defend it and don't let her have it so easily. After all your right as biological father cannot be ignored. Yes here let me add even though you agreed to complete custody given to your ex-wife that doesn't stop you to seek the custody of the minor child back. There is case law where it has been held that issue of child custody can never be permanent and with change of circumstance it can be changed by the court. You have very good case in hand, hope you engage some intelligent lawyer too.

Thank you very much for the detailed reply sir. 

Originally posted by : Vijay Raj Mahajan
	Although you have surrendered the physical custody of the minor child and not even claimed visitation right, still you being the biological father enjoy the natural guardianship of the minor child . What it means, you have right to manage in person and property of the minor child. The ex-wife has not claimed sole guardianship of the child, that was her mistake or mistake on part of her lawyer. As most lawyers I see hardly get in to all legal aspects of the case and rather prepare case in a superficial manner. Now what you can do is to write to the school authorities about your being the biological father and natural guardian henceforth your name should be mentioned in the school records as her father. You must mention that your ex-wife doesn't have sole guardianship of the child to decide about the child without your consent although she has physical custody of the child. You send this a legal notice to the school to change the record and mention your name as father of the child otherwise you will take appropriate steps against the school at their risk and cost. Just do as I say and see the reaction of your ex-wife. If she files petition seeking sole guardianship of the minor child, just defend it and don't let her have it so easily. After all your right as biological father cannot be ignored. Yes here let me add even though you agreed to complete custody given to your ex-wife that doesn't stop you to seek the custody of the minor child back. There is case law where it has been held that issue of child custody can never be permanent and with change of circumstance it can be changed by the court. You have very good case in hand, hope you engage some intelligent lawyer too.

Perfect reply. 

When you surrendered all your rights over child for the sake of child and save her from the trauma of court litigation, it beats me that why you want to raise this issue.  Any how, you have right to get your name as father of the child in all her records.  If the school administration does not agree your request, then again you have to resort to court, which you abhor a lot, to get the relief and you will definitely get the relief.