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Can I Change Child's Last Name Without the Father's Consent

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  • 10-05-2010, 08:40 PM
    mama524
    Can I Change Child's Last Name Without the Father's Consent
    My question involves name change laws in the State of: Texas

    My son is four months old, his father and I were never married and we recently separated. My son is now living with me at my parents house.
    When my son was born, we gave him his father's last name because at the time we were planning on eventually getting married. Things didn't work out and my son and I had to move out and now I want to know if I can change his last name to mine.
    I spoke to his father about it but he absolutely refuses to sign off on it, which I read online that he would need to since he is on the birth certificate. I don't want to remove the father from the birth certificate, just change my son's name.
    I did file for child support, but really only because I had to to try to get adult Medicaid. His father is not working right now and I know he can't pay child support at this time, but I had my case worker file it anyway. (I don't know if child support has anything to do with a name change so just throwing that info out there; we haven't gone to court for anything, we only separated a couple weeks ago.)
    Can I change my son's last name to mine without the father's consent, and how difficult will it be?
    Would I be better off just trying to hyphenate his last name, and then could he just use mine informally?
  • 10-07-2010, 07:04 AM
    Mr. Knowitall
    Re: Can I Change Child's Last Name Without the Father's Consent
    You would need to prove in court that it's in your child's best interest to have his name changed.
  • 10-07-2010, 08:57 AM
    mama524
    Re: Can I Change Child's Last Name Without the Father's Consent
    Will his father have to be there also or is it something I can do on my own?
    What does the court consider to be "in the child's best interest"? Is living with me and my family with the same last name enough?
    And how do I go about starting the process? Do I go through the county courthouse?
  • 10-07-2010, 10:24 AM
    Dogmatique
    Re: Can I Change Child's Last Name Without the Father's Consent
    Quote:

    Quoting mama524
    View Post
    Will his father have to be there also or is it something I can do on my own?
    What does the court consider to be "in the child's best interest"? Is living with me and my family with the same last name enough?
    And how do I go about starting the process? Do I go through the county courthouse?




    You'll need Dad's consent or that of the court.
    Living with you and sharing your family name is not going to be enough.
  • 10-07-2010, 09:00 PM
    mama524
    Re: Can I Change Child's Last Name Without the Father's Consent
    So what does the court consider to be in his best interest in order for me to have it changed? I just want to know what I'll be facing so I'll be prepared. How difficult is it to actually get it done through the court because I know his father is not going to give permission.
  • 10-07-2010, 09:04 PM
    Dogmatique
    Re: Can I Change Child's Last Name Without the Father's Consent
    Honestly, if Dad objects it's not going to happen. At the very least, Dad will likely be able to have the child named Junior Yourname-Dadsname.

    You can't change your mind just because you're no longer together with Dad. I'm sorry.
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