Changing a Child's Name When the Father is Absent
My question involves name change laws in the State of: Texas ....my son's biological father is in prison. He is violent and a drug addict. Which is why I left him obviously....anyways, my son hasn't seen his real father since 2010. He is 5 years old, autistic and doesn't even remember him. He has never helped me nor been a part of his life. My son calls my husband daddy and doesn't know any different. I want to change his last name to match me and my husband's and I think I can by doing a poll and getting a court order, but not sure how to do this? Where do I get the paperwork to fill out and how do I go about petitioning the court for an order? Please help.
Re: Changing a Child's Name When the Father is Absent
Unless you have consent of the father, it's NOT straight forward. You need an attorney. What you need to do is prepare the petition and serve the father (at least since he is in prison it should be easy to find him).
Let me clue you in on some very practical issues. The imprisoned father is the REAL FATHER even if he has been absent from the child's life. He will REMAIN the child's father until his rights are terminated and some other male has adopted him. Understand that the courts typically take a dim view of the ADOPTION process being thwarted via name change petitions.
Re: Changing a Child's Name When the Father is Absent
As has been said, adoption is a better alternative. Is there some reason your husband does not want to adopt this boy? Adoption should not be terribly difficult since you have a strong case for terminating the rights of the natural father.
Texas is a "best interest of the child" state. Now, in Texas, imprisonment for more than 2 years is a supporting factor along with the best interest of the child in terminating parental rights. Use of controlled substances in a manner that endangers the health and safety of the child is also strong support to do this. A family law attorney should be able to help you with this.
Re: Changing a Child's Name When the Father is Absent
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Quoting
Bubba Jimmy
As has been said, adoption is a better alternative. Is there some reason your husband does not want to adopt this boy? Adoption should not be terribly difficult since you have a strong case for terminating the rights of the natural father.
Texas is a "best interest of the child" state. Now, in Texas, imprisonment for more than 2 years is a supporting factor along with the best interest of the child in terminating parental rights. Use of controlled substances in a manner that endangers the health and safety of the child is also strong support to do this. A family law attorney should be able to help you with this.
There are enough sections and sub-sections to drive you nutty. It becomes even more convoluted because some crimes are obviously more serious than others and sentencing is not the only criteria .and standing alone, incarceration is not a reason to terminate. Now, the crimes leading up to incarceration can be a valid reason.
https://www.dfps.state.tx.us/documen...ermination.pdf
(I had tried to highlight certain paragraphs, but the website obviously hates me)