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Name Change for a Minor When the Father is Absent and Living Overseas
My question involves name change laws in the State of Texas
Hello!
I have full custody of my three children (8,10,13). I got remarried and they don't carry my last name. Their last name is from their biological father which lost custody because of abuse. He lives NOT in the states. Contact information unknown. His living place is somewhere in Germany.
The children refuse to use their last name and really want to have their last name changed. How do I start the process?
Thank you in advance.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
Here's the statute. See Subchapter A:
http://www.statutes.legis.state.tx.u.../htm/FA.45.htm
Here's an information sheet from one Texas court. You can probably get something similar from your local family court's website (or visit) along with forms and instructions.
http://www.collincountytx.gov/law_li...rOneParent.pdf
You will have to serve the petition on the father (or get his consent) or get him to sign a waiver of service or serve by publication.
Looks like there may be an instruction packet for that, too.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
thank you for the information.
So I do have to get a citation by publication packet then? (It's a bit confusing)
8. If you do not know the whereabouts of the other party, you must have them served by publication. Please ask for a Citation by Publication packet.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
Yes. And this is a link for it. https://www.cdcatexas.com/Resources/FormLibrary
Actually you will need to scroll down for it.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
hello again,
I need help. I was looking up the forms for citation for publication and there so many forms...I don't know which one is the right one. It's for TX state (BEXAR county)
Thank you!!!
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
Quote:
Quoting
B2018
hello again,
I need help. I was looking up the forms for citation for publication and there so many forms...I don't know which one is the right one. It's for TX state (BEXAR county)
Thank you!!!
If its confusing for you then your best bet would be to hire an attorney to handle the name change. You are going to have a few issues because dad is out of the country and not really findable so an attorney is really necessary for your case.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
Quote:
Quoting
B2018
hello again,
I need help. I was looking up the forms for citation for publication and there so many forms...I don't know which one is the right one. It's for TX state (BEXAR county)
Thank you!!!
I don't find any name change for a minor forms on the Bexar court website.
I checked other courts and couldn't find any either but got referred to:
https://texaslawhelp.org/name-change/name-change-child
It's not a pay site, no ads, no gimmicks.
Check the forms and instructions and see it they help.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
well, the process itself is pretty pricey. I can't really afford a lawyer :(
so I try to start at least the process as good as possible.
thank you very much. I will try to go through this page. But I believe I have to pay a fee at some point. I will see. Will definitely check it out.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
You will have to pay court fees for sure and the cost to the newspaper to publish the notification. But if you are over your head finding the file in the link I sent you or the site AJ gave you, you are likely way over your head trying to do this on your own.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
yes, I am aware of the fees and we can work with these. I looked through the other forms on the link that AJ sent me but there is no form for Citation by Publication and I need exactly this. ugh
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
Quote:
Quoting
B2018
yes, I am aware of the fees and we can work with these. I looked through the other forms on the link that AJ sent me but there is no form for Citation by Publication and I need exactly this. ugh
There may not be a form. Generally speaking, you would need to show the court due diligence in serving him, and s/he would have to allow you to serve him via publication.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
Quote:
Quoting
B2018
yes, I am aware of the fees and we can work with these. I looked through the other forms on the link that AJ sent me but there is no form for Citation by Publication and I need exactly this. ugh
Here.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
thank you. so in order to serve in the public I have to hire an attorney first. ugh.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
Nobody said that and Mr. Knowitall provided a link to the correct form. Here is is again. https://texaslawhelp.org/article/ser...d-other-parent
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
yes, and I read it.... I scrolled down and read this....
Do I have to hire an attorney to look for the other parent?
Yes. When serving by publication, the law says you must hire an attorney to look for the other parent. This attorney is called an attorney ad litem.
The attorney ad litem makes an independent search for the other parent. This protects the other parent’s right to be notified about the case. You are responsible for locating, hiring, and paying for the attorney ad litem.
Back to top
I have to search for the parent before serving in the public. and how I understand it, I have to use an attorney for that. Or I am totally misunderstanding the text underneath?
Do I have to hire an attorney to look for the other parent?
Yes. When serving by publication, the law says you must hire an attorney to look for the other parent. This attorney is called an attorney ad litem.
The attorney ad litem makes an independent search for the other parent. This protects the other parent’s right to be notified about the case. You are responsible for locating, hiring, and paying for the attorney ad litem.
Back to top
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
What it is requiring you to do is hire a lawyer to represent the father's interests. I had missed that section.
This lawyer will not be acting as YOUR lawyer. You can do everything else yourself.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
thank you everybody. we filled out the documents and I choose to check the option that the other parent's rights got terminated. We will add the court decision and we will see if this is going to work or not. we also add some documents from teachers and our son's psychologist which states their refusal to use their last name because for them it's a daily reminder of abuse and violence.
we will see if this is going to work out or not.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
Quote:
Quoting
B2018
thank you everybody. we filled out the documents and I choose to check the option that the other parent's rights got terminated. We will add the court decision and we will see if this is going to work or not. we also add some documents from teachers and our son's psychologist which states their refusal to use their last name because for them it's a daily reminder of abuse and violence.
we will see if this is going to work out or not.
Did he lose his visitation and custody, or were his parental rights terminated? There is a difference.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
yes, we have to change the forms. he could go to court and try to regain visitation rights. so his rights are not terminated. I called a lawyer but she wants 400 usd for consultation , this is crazy.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
Quote:
Quoting
B2018
yes, we have to change the forms. he could go to court and try to regain visitation rights. so his rights are not terminated. I called a lawyer but she wants 400 usd for consultation , this is crazy.
Does your local court do any law clinics? Check their websites. Ours does them once a month and you can meet with a volunteer attorney to get advice for free. They will not represent you in court, but they will help you with paperwork and what to file.
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Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us
would a law insurance make sense in our case? I looked up the law clinics... I have to wait until they announce the meetings.
talked to an attorney...minimum to expect is $3000
she would go for abomination argument and make an adoption case out of it. Jesus Christ.. this kind of money is crazy!