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  1. #1
    Join Date
    Dec 2012
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    Default How to Change a Child Last Name Without Bio Dad's Consent

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

    Can I change my 7 year old son's last name without the consent of his biological father?

    My son's biological father has not had any contact with my son in 4 years. I did however, try to get in contact with him about my husband possibly trying to adopt my son but he said he would fight me on that, this was back in February. I no longer receive child support since it stopped back in June 2011. I want to be able to give my son my maiden name but do not know the steps or process of being able to get it done. I should also add that I am in Texas and the biological father is in California.

  2. #2
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    Default Re: Change Child Last Name Without Bio Dad's Consent

    Your ex- is entitled to notice of the proceeding. If he does not respond, you will be able to present your argument in support of the name change to the court without his participation in the proceedings.

  3. #3
    Join Date
    Sep 2010
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    9,270

    Default Re: Change Child Last Name Without Bio Dad's Consent

    You should keep it all in one thread. I already told you that you'll either need to get his consent or serve him notice of the court hearing for the name change. You're not going to get a different answer if you keep asking the question over and over. It matters not that he pays no support nor is involve in the child's life. He is the father and is REQUIRED to be able to have a say. It is the COURT not you that determines if the name change is in the best interest of the child.

    Original thread: http://www.expertlaw.com/forums/show...ht=#post671982

  4. #4
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    May 2008
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    Louisville, KY
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    Default Re: Change Child Last Name Without Bio Dad's Consent

    Quote Quoting flyingron
    View Post
    You should keep it all in one thread. I already told you that you'll either need to get his consent or serve him notice of the court hearing for the name change. You're not going to get a different answer if you keep asking the question over and over. It matters not that he pays no support nor is involve in the child's life. He is the father and is REQUIRED to be able to have a say. It is the COURT not you that determines if the name change is in the best interest of the child.

    Original thread: http://www.expertlaw.com/forums/show...ht=#post671982
    Shows what you know! When mom says no, go ask dad!!! (that was my philosophy for many years)
    ~Christina

    Unless a source is cited, anything posted here by me is only my opinion, and is not meant as legal advice.

  5. #5
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Change Child Last Name Without Bio Dad's Consent

    Let's see if we can simplify this.

    Your question was: Can I change my 7 year old son's last name without the consent of his biological father?

    The answer is: No. You cannot change your 7 year old son's last name without the consent of his biological father.

    See how easy that was?

  6. #6
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    Default Re: Change Child Last Name Without Bio Dad's Consent

    You (a) get consent or (b) prove your case in court. If the child's father defaults, it's easier to make your case in court but it's not a given that the court will grant the petition.

  7. #7
    Join Date
    Oct 2006
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    5,172

    Default Re: Change Child Last Name Without Bio Dad's Consent

    Quote Quoting cbg
    View Post
    Let's see if we can simplify this.

    Your question was: Can I change my 7 year old son's last name without the consent of his biological father?

    The answer is: No. You cannot change your 7 year old son's last name without the consent of his biological father.

    See how easy that was?
    I am not sure that I agree. Dad hasn't seen the child in 4 years and hasn't paid child support for about 18 months. That's enough to give an involuntary termination of parental rights a shot, let alone a simple name change.

  8. #8
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Change Child Last Name Without Bio Dad's Consent

    From what I've just been reading, the involuntary termination of parental rights would be easier.

    She MUST have the consent of the other parent, or else serve him with notice so that he has the option of protesting.

    http://www.rocketlawyer.com/article/...for-a-minor.rl

    If her intent is to simply do the name change without notice or permission from the dad, which is what it sounds like to me, that's not going to happen. She can get his consent, or she can provide proof of formal notification. Then, and only then, can a name change occur.

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