Last name change in Texas
I have 2 kids (9 and 3) they both carry their dads last name (have the same dad), but he has been absent now going on 2 years and I want to change their last names. I am getting married next year and want the whole family to carry his name. My youngest doesn't even know her biological father and calls my fiance dad. Now my oldest is having problems with the aboandonment from her biological father. She tried to use my maiden name at school cause she wants nothing to do with him or his name and they told she couldn't and she cried all night, and through a long talk with me and my fiance she has come to realize that her father chose not to be there for her and it isn't her fault and just a couple of weeks asked if she could refer to my fiance as her dad. Now to the biological fathers part i have read other threads and couldn't seem to get this answer. He is a wanted felon in the state of texas and I could not reach him if i tried he is so deep in hiding. So contacting him is impossible and even if I did he would never agree to what I want nor would he ever sign anything giving me complete control of the kids. So what do I do in order to change their names, does my fiance have to adopt them in order to change their names to his? That would be ideal but one step at a time. Please help so we can leave the looser behind and have a happy family.
Re: Last name change in Texas
If there is already a custody order in effect, you would normally have to go to the court which issued that order, petition for a name change, and show that it is in the best interest of the children. The court would want the biological father to be served with notice of the motion. If he cannot be located you would have to get permission for "substituted service".
Re: Last name change in Texas
There is no custody order and or child support filed anywhere. I mean I have tried to serve him with child support but of course it never went further then that cause he can't be found. He signed the ackowledgement of paternity when they were born, so paternity shouldn't be an issue. He won't come near law enforcement or a judical system if his life depended on it. So if I get the petition for name change started everything should go in my favor based on what I have told you. Bottom line will I have problems if he can't be found? Also when the State of Texas does catch him and he is in prison for 10+ years will he have any legal standing to what I do with the children as far as their names?
Re: Last name change in Texas
If he is served and doesn't oppose the petition, a court would likely grant it.
I doubt that he's going to try to assert parental rights, or that a judge would give his position much weight after a multi-year absence capped off with the start of a ten year prison term.