Petitioning for a Child's Name Change, Father's Address is Unknown
My question involves name change laws in the State of: Texas. I realize that the father needs to be notified so that he has the chance to petition the courts in the event of an under aged child's name change. However, my child's father has not seen her since she was six months old; nearly five years ago. We did go through court, and a judge found him guilty of abuse and stalking us. It was decided at that time that he would not get any visitation or other parental rights. That would be clear for a name change , to me personally but the judge also set child support for him to contribute. He has some money taken from each check, but no where near what the judge set and is acquiring back child support with each month that passes, plus interest. Given these circumstances, does he retain the parental right to object to me changing her last name to match mine, and if so; how do I get the attorney generals office to release his last known address to notify him? Also there is the small matter of the protective order that the judge issued against him, and I was forced to renew last year. I am not allowed to contact him or I void the protective order so I really don't see how I can notify him without doing exactly that, advice to my rambling question?
Re: Petitioning for a Child's Name Change, Father's Address is Unknown
Quote:
Quoting
amlong
My question involves name change laws in the State of: Texas. I realize that the father needs to be notified so that he has the chance to petition the courts in the event of an under aged child's name change. However, my child's father has not seen her since she was six months old; nearly five years ago. We did go through court, and a judge found him guilty of abuse and stalking us. It was decided at that time that he would not get any visitation or other parental rights. That would be clear for a name change , to me personally but the judge also set child support for him to contribute. He has some money taken from each check, but no where near what the judge set and is acquiring back child support with each month that passes, plus interest. Given these circumstances, does he retain the parental right to object to me changing her last name to match mine, and if so; how do I get the attorney generals office to release his last known address to notify him? Also there is the small matter of the protective order that the judge issued against him, and I was forced to renew last year. I am not allowed to contact him or I void the protective order so I really don't see how I can notify him without doing exactly that, advice to my rambling question?
How were you forced to renew a protection order?
No you can contact him but you set him up for failure by doing that if he answers you. Unless your order is different, there is nothing in any I have seen that says you cannot contact them but if they answer then they are screwed. I know one I had said he could contact about our daughter or something. I never got a permanent one then.
He does have parental rights still yes. If he has legally been named the father, he has those rights no matter if he never talks to your daughter or has anything to do with her.
Why would the attorney general have his information? Is he incarcerated? If you have a last known address you can put that and have him served or attempted to serve.
Re: Petitioning for a Child's Name Change, Father's Address is Unknown
Unfortunately I was forced to renew the protective order because he continued his stalking and threats towards our daughter and me. The protective order is worded " The court finds that good cause exists to order Respondent not to communicate with Applicant in any manner whatsoever except through their attorneys, and it is so ordered." The order also states that according to Section 201.001 et seq., Texas Family Code " No person, including a person who is protected by this order, may give permission to anyone to ignore or violate any provision of this order." I believe that to mean, as my lawyer advised me at the time, that I would be in violation of the court order if I tried to contact him. I do not know his address, or any information about him since the time of our first order because I have kept away from him. However I do know that as the Attorney takes some of his child support out of each check they must have at least a current work address for him. Anyone paying or receiving child support is supposed to report all work and living changes to the AG's office, so they would have the last known address for him to be notified.
In addition to not wanting to violate the order, I also do not want to cause any harm to anyone; which includes incarceration from his possibly responding to anything I sent him. I am trying to be as fair as possible, but I'm really not sure what legal wiggle room I may have...if any.
Re: Petitioning for a Child's Name Change, Father's Address is Unknown
Quote:
Quoting
amlong
Unfortunately I was forced to renew the protective order because he continued his stalking and threats towards our daughter and me. The protective order is worded " The court finds that good cause exists to order Respondent not to communicate with Applicant in any manner whatsoever except through their attorneys, and it is so ordered." The order also states that according to Section 201.001 et seq., Texas Family Code " No person, including a person who is protected by this order, may give permission to anyone to ignore or violate any provision of this order." I believe that to mean, as my lawyer advised me at the time, that I would be in violation of the court order if I tried to contact him. I do not know his address, or any information about him since the time of our first order because I have kept away from him. However I do know that as the Attorney takes some of his child support out of each check they must have at least a current work address for him. Anyone paying or receiving child support is supposed to report all work and living changes to the AG's office, so they would have the last known address for him to be notified.
In addition to not wanting to violate the order, I also do not want to cause any harm to anyone; which includes incarceration from his possibly responding to anything I sent him. I am trying to be as fair as possible, but I'm really not sure what legal wiggle room I may have...if any.
You would use your lawyer for the name change and any contact/communication would be between the lawyers.
I can understand why you want to change her last name to match yours, but you really will be poking the bear if you do that. He is apparently obeying the protective order right now. Get a petition to change her last name might really send him over the top.
Re: Petitioning for a Child's Name Change, Father's Address is Unknown
I understand what you mean,
" You would use your lawyer for the name change and any contact/communication would be between the lawyers.
I can understand why you want to change her last name to match yours, but you really will be poking the bear if you do that. He is apparently obeying the protective order right now. Get a petition to change her last name might really send him over the top." (IIWORKING, 2016), after all that We have been through I don't want to stir him up again and cause him to violate the order by continuing his previous bad behavior towards us. That being said though, I have recently discovered that my daughter has a serious medical condition and even though he has had his rights to her medical and school file removed, many of the specialists we have met with insist that they have to have both parents consent as soon as they realize that she and I have different last names. It has cost me a small fortune to have official court copies made and sent to these Doctors, just so that they will see my daughter. There have also been many difficulties with her Pre-Kindergarten class associated with her last name. Please understand where I am coming from, she doesn't know or remember him and she isn't likely to meet him anytime in the near future. She has actually cried because some of the kids teased her for not being my child or being adopted because we had different last names. Some of the school and community members are worst, as we live in the Bible belt and she was conceived and born without benefit of marriage. For her health and our peace of mind I feel that I need to change her last name to match mine. I just cant figure out how, without having to fight tooth and nail to get anyone to release information for it to happen.
Re: Petitioning for a Child's Name Change, Father's Address is Unknown
Quote:
Quoting
amlong
I understand what you mean,
" You would use your lawyer for the name change and any contact/communication would be between the lawyers.
I can understand why you want to change her last name to match yours, but you really will be poking the bear if you do that. He is apparently obeying the protective order right now. Get a petition to change her last name might really send him over the top." (IIWORKING, 2016), after all that We have been through I don't want to stir him up again and cause him to violate the order by continuing his previous bad behavior towards us. That being said though, I have recently discovered that my daughter has a serious medical condition and even though he has had his rights to her medical and school file removed, many of the specialists we have met with insist that they have to have both parents consent as soon as they realize that she and I have different last names. It has cost me a small fortune to have official court copies made and sent to these Doctors, just so that they will see my daughter. There have also been many difficulties with her Pre-Kindergarten class associated with her last name. Please understand where I am coming from, she doesn't know or remember him and she isn't likely to meet him anytime in the near future. She has actually cried because some of the kids teased her for not being my child or being adopted because we had different last names. Some of the school and community members are worst, as we live in the Bible belt and she was conceived and born without benefit of marriage. For her health and our peace of mind I feel that I need to change her last name to match mine. I just cant figure out how, without having to fight tooth and nail to get anyone to release information for it to happen.
You really need to talk to your attorney about it. You are going to get better information, particularly about the climate of your local courts, if you talk to your attorney.
Re: Petitioning for a Child's Name Change, Father's Address is Unknown
Thank you, I am seeing the judge tomorrow to get his legal advice. He actually is a deacon at my church, and a family friend. (He isn't the judge that handles family law cases). He has helped us before advise and referral wise, so I am taking your advice and seeing him before contacting the lawyers he refers. Thank you again IIworking.
Re: Petitioning for a Child's Name Change, Father's Address is Unknown
If this judge has anything to do with your case, he has no business giving you legal advice.
Re: Petitioning for a Child's Name Change, Father's Address is Unknown
Quote:
Quoting
amlong
Unfortunately I was forced to renew the protective order because he continued his stalking and threats towards our daughter and me. The protective order is worded " The court finds that good cause exists to order Respondent not to communicate with Applicant in any manner whatsoever except through their attorneys, and it is so ordered." The order also states that according to Section 201.001 et seq., Texas Family Code " No person, including a person who is protected by this order, may give permission to anyone to ignore or violate any provision of this order." I believe that to mean, as my lawyer advised me at the time, that I would be in violation of the court order if I tried to contact him. I do not know his address, or any information about him since the time of our first order because I have kept away from him. However I do know that as the Attorney takes some of his child support out of each check they must have at least a current work address for him. Anyone paying or receiving child support is supposed to report all work and living changes to the AG's office, so they would have the last known address for him to be notified.
In addition to not wanting to violate the order, I also do not want to cause any harm to anyone; which includes incarceration from his possibly responding to anything I sent him. I am trying to be as fair as possible, but I'm really not sure what legal wiggle room I may have...if any.
So you were not really "forced" you just had cause to renew the order. Saying "forced" makes it sound like some third party influenced you to do it.
Your ex is the respondent. You are the petitioner or "applicant." From any order I have gotten I was told I can contact the respondent but it sets him up for failure if he responds.
I am not sure how Texas works with child support but in Nebraska child support goes the Child Support Payment Center and I have not ever heard anything about having to report changes to the state Attorney General office. Different states though. That just threw me off.
Just have your lawyer talk to him.
Quote:
Quoting
amlong
Thank you, I am seeing the judge tomorrow to get his legal advice. He actually is a deacon at my church, and a family friend. (He isn't the judge that handles family law cases). He has helped us before advise and referral wise, so I am taking your advice and seeing him before contacting the lawyers he refers. Thank you again IIworking.
So he is not the judge on your case or he is the judge on your case? If he is on your case, he is in a severe breach if he is giving you legal advice about a case he is overseeing.
Re: Petitioning for a Child's Name Change, Father's Address is Unknown
(Child support is dealt with by the AG's office in Texas)
(It's Texas. What more can I say? :D )