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  1. #1
    Join Date
    Apr 2012
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    3

    Default Mother Claims She Changed Child's Last Name Without Father's Permission

    My question involves name change laws in the State of: Texas

    My brothers ex-wife claims she had their son's last name legally changed without his permission while he was in jail. Is this possible and is it legal? She is keeping the boy away from all members of our family. Is there any thing that we can do? What are my brothers options, and what can we do as the family to get visitation?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,824

    Default Re: Mother Claims She Changed Childs Last Name Without Fathers Permission

    it is possible and it can be legal. Doesn't mean it was but it can be.


    as to her keeping the boy away from all members of your family: You have no inherent rights simply because your brother fathered the child. A parent is generally allowed to control who sees their child. Your brother is more than welcome to allow you to see the child on his time.

    To check on the name change, your brother (since it is a minor, it is likely the records are not available to anybody but a select few people) would have to research the name change action to see what happened in the name change petition action.

    I guess I need to step back a few steps though.

    was your brother married when the mother got pregnant and/or delivered the child? If not married when the child was born, was there any paternity action? Is your brother listed on the birth certificate as the father?

  3. #3
    Join Date
    Sep 2010
    Posts
    9,907

    Default Re: Mother Claims She Changed Childs Last Name Without Fathers Permission

    In Texas you can get a minor name change without parental consent. The other parent needs to be served and given a chance to appear at a hearing on the issue.

  4. #4
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Mother Claims She Changed Childs Last Name Without Fathers Permission

    Yes they were married when the child was born, yes he was on the birth certificate. As far as visitation, she has allowed the father no visitation. She remarried and now the child is using the new step-fathers name.
    Do I have to hire an attorney in order to find out if there was an "official" name change?

  5. #5
    Join Date
    Feb 2012
    Posts
    107

    Default Re: Mother Claims She Changed Childs Last Name Without Fathers Permission

    Quote Quoting Sandschild
    View Post
    Yes they were married when the child was born, yes he was on the birth certificate. As far as visitation, she has allowed the father no visitation. She remarried and now the child is using the new step-fathers name.
    Do I have to hire an attorney in order to find out if there was an "official" name change?
    She has allowed no visitation or he has choosen not to obtain legal rights to the child? Big difference. If there is a custody order in place and she is withholding the child then he needs to file the proper paperwork. If he has not obtained any custody, this is his choice to have not filed for rights.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,307

    Default Re: Mother Claims She Changed Childs Last Name Without Fathers Permission

    Dad was in jail when all this went down?

    Is he now out of jail?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Mother Claims She Changed Childs Last Name Without Fathers Permission

    Yes, dad was in jail when this went down and yes, the father is still in jail. He was and is unable to do anything from inside jail.

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