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Can I Change My Child's Last Name to Mine

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  • 03-07-2014, 10:55 AM
    worriedmommy
    Can I Change My Child's Last Name to Mine
    My question involves a child custody case from the State of: Tx and LA

    I have been on here a long time so some of you may be familiar with my case. After not seeing our daughter for 6 years ex got regular (2011)visitations untill Nov 2012 when my daughter made and outcry of sexual abuse. The allegations where confirmed by cps and also by a counslor that was ordered to do an assesment on all partys. Our last hearing was in April 2013 where ex's visitation continued to be suspended and he was not ordered but allowed to visit in LA through supervised visitation center. (Ex lives in TX and that is where our divorce and open case is, La is mine and childs home state.) We never went to trial but at the same time I have not heard anything from the courts and no new court dates have been made. Is our custody case still open in TX?

    Recently my daughter asked why we didnt have the same last name and that she wanted to have the same last name as mine. I have always tried to be supportive of her and her fathers relationship and not give her my point of vue and let her explore her relationship with her father as much as possible. I cannot however make him do what he should. He sends her gifts on her bday and xmas and is usually on time on back child support payments. I retain sole managing conservator and he is possessorary conserv. Can I change my daughters last name? Do I need his concent? Before filing for name change in our home state (LA) do I need to get the case in TX closed first? Our daughter is 8.
  • 03-07-2014, 11:05 AM
    CourtClerk
    Re: Can I Change My Child's Last Name to Mine
    You will need his consent to change her last name. Simply because the 8 year old wants it isn't going to be a good enough reason to have it done. How is it in your child's best interest to have her name changed?
  • 03-07-2014, 11:09 AM
    Dogmatique
    Re: Can I Change My Child's Last Name to Mine
    I can actually see this one going ahead.

    It's understandable that she doesn't want to be associated with the guy who molested her. That doesn't negate the legalities of course, but I do think this Mom has a far greater chance than most we see here even if Dad doesn't agree.
  • 03-26-2014, 07:24 AM
    worriedmommy
    Re: Can I Change My Child's Last Name to Mine
    yes I believe my daughter wants the name change because her current last name associates her with her abusers. It was all very painful for my daughter and I do beleive it would help her heal and move forward positively with her life.

    So where would I even start? My texas custody case is technically still open. Do I have to file there or can I do this in Louisiana?
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