Results 1 to 10 of 11

Hybrid View

  1. #1
    Join Date
    Jan 2008
    Posts
    4

    Default Re: I Want To Change My Sons Last Name To Mine. His Father Is In Prison.

    im in texas best interest of the minor child..... well the fact that his father is in prison should be enough right? hope so...

    aslo if the father opposes , which givin that opp. he will. ..... but if he does will i have to wait till he gets out. or is it like he cant show up in court... the judge grants it.

    i ask this because he was not in court for child support. everything went in my favor because he is in prison.

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: I Want To Change My Sons Last Name To Mine. His Father Is In Prison.

    Quote Quoting MISTAKES
    View Post
    im in texas best interest of the minor child..... well the fact that his father is in prison should be enough right? hope so...

    aslo if the father opposes , which givin that opp. he will. ..... but if he does will i have to wait till he gets out. or is it like he cant show up in court... the judge grants it.

    i ask this because he was not in court for child support. everything went in my favor because he is in prison.
    No. The father being in prison, in of itself, is not a good reason to grant a name change. If he is in for rape, murder, crimes against a child...perhaps the judge may see that an association by name would not be in the child's best interest. The father can hire an attorney to appear in court to fight this.

    What was Dad's crime? Did he have a criminal history BEFORE you got pregnant with your child?

  3. #3
    Join Date
    Jan 2008
    Posts
    4

    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    u mean hire an attorney ater he gets out right? he went to prison before i became preg for selling drugs. we got together seems like a few months after that (does not look good on my part) but then went to jail for 8 months for sexual assualt on 2 separate cases. right when he went to jail i found out i was pregnant. he was released because the cases were dropped.i didnt talk to him that entire time. he came around for our sons birth , i guess post partum allowed me to do that. but then he was arrested for drug charges again. he was on parole so he will be going to prison for up to 8 years. i know some of these things dont look good on my part. im now going to start school here taking my basics but soon after want to major in phycology.

  4. #4
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    Quote Quoting MISTAKES
    View Post
    u mean hire an attorney ater he gets out right? he went to prison before i became preg for selling drugs. we got together seems like a few months after that (does not look good on my part) but then went to jail for 8 months for sexual assualt on 2 separate cases. right when he went to jail i found out i was pregnant. he was released because the cases were dropped.i didnt talk to him that entire time. he came around for our sons birth , i guess post partum allowed me to do that. but then he was arrested for drug charges again. he was on parole so he will be going to prison for up to 8 years. i know some of these things dont look good on my part. im now going to start school here taking my basics but soon after want to major in phycology.
    No. I mean he can hire an attorney FROM prison to represent him in court. He doesn't have to be in court at all.

    Considering you were aware of his "history" BEFORE you got pregnant, gave birth and voluntarily named your child HIS LAST NAME...Why do you suppose a Judge will change it now? Don't get me wrong...s/he could deem it in the child's best interest...But s/he may not. I don't believe his criminal history will be a factor...It wasn't a factor for you a year ago.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    His expected long-term absence from the child's life, though, is a factor the court can consider.

  6. #6
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    Quote Quoting aaron
    View Post
    His expected long-term absence from the child's life, though, is a factor the court can consider.
    I agree... That would be a consideration. But the Judge may believe that is a foreseeable consequence of choosing a criminal for a father. I think that the OP would have to prove HOW having this man last name is harmful to the child and how the child life would be better for a change in name.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    I've yet to see a judge say something like, "I won't order a name change for this child because you chose to have a relationship with a criminal."

    1. Sponsored Links
       

Similar Threads

  1. Changing Guardianship of Sibling from Grandparent; Mother's Dead, Father's in Prison
    By lookin4ans in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 01-12-2010, 09:50 AM
  2. Replies: 9
    Last Post: 12-28-2009, 12:23 PM
  3. Changing a Child's Name: Terminating Father's Rights and Changing Kids Name Back to Mine
    By lwat4679 in forum Name Change
    Replies: 1
    Last Post: 12-22-2008, 01:36 PM
  4. Father Hid That He Was In Prison
    By kellirthrasher in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 12-31-2007, 09:14 PM
  5. Son's Father Is In And Out Of Prison
    By ocean_gurl in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 05-14-2007, 08:48 AM
 
 
Sponsored Links

Legal Help, Information and Resources