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  1. #1
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    Jan 2011
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    Default Changing Child's Name in Texas

    My question involves name change laws in the State of: Texas

    My child's birth cert. doesn't list a father, though the child does have the bio father's last name. There are no court orders stating anything, we were never married, and he has not seen said child since the age of 3, the child is now 5. I have no contact with bio father, nor do I know where he resides, or has employment, or if he is even employed, not that I think that matters, but I'm putting it out there. I have looked up legal mumbo jumbo, and I appologise but that's what it looks like to me, I can't seem to make heads or tails of it. I'd like an answer in plain english, as to whether or not, I can just have the child's last name changed to my own. This has caused great confusion for the child, as they're now realising there's a difference between our names. I want to make things simpler for my child, as I'm sure most mothers worth their salt would. I'm trying to take things one step at a time, as in a few months time, I will marry, and then it will be more of a question of step-father adoption. So, any suggestions and advice with that subject will also be very welcome. In addition, the soon to be step-father and I have been together since the child was 3 (bio dad left us when child was 1 1/2), and the child knows no other father since then, we have been living together as a family for the past year and 4 months.

    Thank you

  2. #2
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    Default Re: Changing Child's Name in Texas

    Your 5 year old recognizes that you have different last names? And has "great confusion"? Seriously? "You have your Daddy's last name" doesn't do it?

    Ok, well that aside you'll need to at least notify Dad.

    Much easier option: You all change your last names to match that of your son.


  3. #3
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    Jan 2011
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    Default Re: Changing Child's Name in Texas

    Thank you for answering, but I'd prefer it if you'd refrain from using such sarcasm, yes...my child DOES recognise the difference, and my child only knows my fiancee as the Daddy, not the bio dad, so simply saying that it's their daddy's last name, won't cut it. And if you'd have actually read my previous statement, you'd have seen that I cannot notify the bio father, as I have no earthly idea where he is.

    I noticed that your answer in a previous thread was for us to all change our names to match the bio dad's. I wonder why you would say such a thing, are you even a lawyer or even work in said practice? Or just an opinionated person? I'd like facts please, not what you "think" I should do. Thank you for your input, I'll take it into consideration.

    Would someone with some kind of law background, or who's actually been through what I'm going through, with some input that will actually help me, please respond?


    Thank you

  4. #4
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    Default Re: Changing Child's Name in Texas

    Good - I have your attention!

    Yes, I'll apologize for the use of sarcasm. But there was a point I was trying to make. That being, your husband is NOT the child's father and your child deserves to know the truth about her heritage. I understand your point of view (you have no idea how much I do understand, actually ) - your husband has RAISED her - but, lying to her isn't going to help her in the long run. Even if your husband eventually adopts her, she's going to need to know who her biological father is and frankly the sooner that happens the better. It can be incredibly traumatic for an older child to learn that the two people she trust most in the world have been deceiving her all of her life.

    We see it all the time.

    Now that aside - you need to speak with a local attorney. Dad will need to be at least notified, as i said, and since you can't locate him you may need to serve him via publication and that's never a do-it-yourself project.

    Incidentally, my suggestion that you all change your names to match your child's last name is perfectly valid - because neither you nor your husband need anyone else's permission to do that...and your child's father will have NO say in that, whatsoever.

    To answer your other question - I'm not an attorney. The vast majority of posters here are NOT attorneys.

    Have a great day!

  5. #5
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    Default Re: Changing Child's Name in Texas

    are you even a lawyer or even work in said practice?
    There's a disclaimer at the bottom of every single page making note of the fact that the folks here are laypeople. If you want to insist on an answer from an attorney, you'll have to go hire one.

    Kindergarten aged children are perfectly capable of understanding an explanation of "sometimes people in the same family have different last names". They're way smarter than we would often like to give them credit for.


    Doggie gave you legally correct information. It doesn't matter when your ex skedaddled, you still have to inform him of your intentions, and if he objects, you're going to have a hard time of it. This is doubly true if you intend for there to be a step-parent adoption. Not only MUST he be notified, but if he says No, it's game over. You need to make a good faith effort to find him in order to begin step-parent adoption proceedings, even if you allege abandonment.

  6. #6
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    Default Re: Changing Child's Name in Texas

    Thank you for your ....in put...I think I'm going to see if I can just close this thread, and seek a lawyer. I didn't join this thing to have people like you two, who assume things, just because I'm sure someone out there, probably many some one's fit the box you're trying to put me in here.

    A. I HAVE tried to contact the bio father, I've searched for him, I have no idea where he is.


    B. where in anything I have said, or implied, have I said anything about trying to keep my child's heritage away from them? again with the ill informed assumptions.


    C. I'm no longer going to post on here, and I am leaving this forum, it was a gross mistake on my part to think that there were any non vultures out there, who could give me some legal advice, or personal advice, instead of an ill informed, opinion, which was not based on any prior knowlage of the specific situation.

    Doggie..go dog someone else's heels for a while...
    Missy...ya missed on this one, and only seemed to go by what your buddy said.


    Both of you, have a wonderful life, I'm so glad you aren't in mine!

  7. #7
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    Default Re: Changing Child's Name in Texas

    Quote Quoting MCmom
    View Post
    Thank you for your ....in put...I think I'm going to see if I can just close this thread, and seek a lawyer. I didn't join this thing to have people like you two, who assume things, just because I'm sure someone out there, probably many some one's fit the box you're trying to put me in here.

    A. I HAVE tried to contact the bio father, I've searched for him, I have no idea where he is.


    B. where in anything I have said, or implied, have I said anything about trying to keep my child's heritage away from them? again with the ill informed assumptions.


    C. I'm no longer going to post on here, and I am leaving this forum, it was a gross mistake on my part to think that there were any non vultures out there, who could give me some legal advice, or personal advice, instead of an ill informed, opinion, which was not based on any prior knowlage of the specific situation.

    Doggie..go dog someone else's heels for a while...
    Missy...ya missed on this one, and only seemed to go by what your buddy said.


    Both of you, have a wonderful life, I'm so glad you aren't in mine!


    Aw, that's quotable!

    Honey - really. You NEED to speak with an attorney.

  8. #8
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    Default Re: Changing Child's Name in Texas

    Did shooting the messengers make you feel any better?

    I sure hope so, because that's all that's gonna do for you, toots. It won't change the reality of your situation at all. You STILL have to notify your ex, and you STILL need an attorney.

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