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

[Sandschild]

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?

[jk]

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?

[flyingron]

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.

[Sandschild]

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?

[asulover]

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.

[Dogmatique]

Dad was in jail when all this went down?

Is he now out of jail?

[Sandschild]

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.