Judge Denied Permission to Change a Child's Name
My question involves name change laws in the State of: TEXAS
I'm helping my aunt change her two sons last names. They carry two last names, one from each parent. However, years back, when my aunt came to the US, her cousin informed her that she had been using her identity. So the cousin was living for years under my aunt's name, and my aunt had to use an alias as to not get her cousin in trouble and have the visas revoked etc.
My aunt recently had this all cleared up with immigration and now she goes by her actual birth name... the one her cousin had used. However, on her children's certificate, the legal mother's name is in fact her alias name.
We filed a petition to legally change the children's last names but the judge denied it because there wasn't sufficient proof that my aunt and the woman listed as the children's mother was in deed the same person. The judge said to gather proof and file again. I then asked what proof would be efficient and she proceeded to dismissing me from court and moving on to the next person. (She was so rude btw!!)
My question is, how can I gather more evidence? We took birth certificates, ID's, social security cards, and the petitions, signed by both parents, both children (since they are both 12), and our paperwork was notarized, and we paid $600 for all this.
Also, I should add that since there were two cases... one for each child... they were assigned different courts. The first judge approved the first child and moved on to the second one but as it appeared on the computer file, the children had been reassigned to be at the same court so both were moved to the other court... that judge was the one who denied both cases and asked for all this proof of identity etc. The first judge hadn't asked all these questions, she had just approved it. Turned out she couldn't move forward since the case had been removed from her chart. Sigh...
Re: Problems Changing a Child's Name - Judge Denied
I would think that the documentation from and used with immigration to clear up the problem, would be what you would need to prove that your aunt and the woman listed on the children's birth certificates are the same person.
Re: Problems Changing a Child's Name - Judge Denied
Judges are not permitted to give legal advice, that's why you were dismissed. You want to act like an attorney, then you go find out what's necessary. I can think of one thing that would definitely prove that those kids belong to those parents....
Re: Judge Denied Permission to Change a Child's Name
You're only trying to change the children's surnames, or is it that you're also trying to correct the false name that the mother used on their birth certificates?
Re: Judge Denied Permission to Change a Child's Name
Re: Judge Denied Permission to Change a Child's Name
What a mess. We can't promise what the court will find acceptable, but it may be on the order of DNA tests from a facility that can attest to verification of the identity of the parties who submit samples for testing.
Re: Judge Denied Permission to Change a Child's Name
The judge cannot provide you legal advice, which is why you did not get any.