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  1. #1
    Join Date
    Aug 2006
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    4

    Default Name Change for Minor in Texas

    My ex-husband pays child support and does visitation only b/c his grown son from a previous marriage picks them up and drops them off. He does not have a college fund or any other idea about my kids' futures. My current husband is the one who pays for all medical - copays, orthodontic, glasses, etc that insurance does not cover. I also have them double-insured b/c their father has dropped their insurance in the past without telling me and it created problems. My husband has been an ideal father to them and has lived with them longer than their bio- did. My husband and I would like to add his (and mine) last name to their dad's, in a hyphenated result. I say that since we (my husband and I) are solely responsible for their finances (namely college, weddings) our name should appear on their degrees etc. My ex- says no. I use their hyphenated name whenever I can, but "common usage" doesn't fly with school or driving permits. The Texas name change code that says that one could still petition for a name change for a minor, without the other parent's consent, but it doesn't say how. Any ideas?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Name Change for Minor - Texas

    So you're saying that the father is okay with the name change?

  3. #3
    Join Date
    Aug 2006
    Posts
    4

    Default Re: Name Change for Minor - Texas

    No, I asked the father and he asked "Why would you want to do that?" I felt there was no point in reminding him that my current husband and I will be paying 100% of their college expenses with a fund we already have - ditto for wedding expenses. They are also my husband's legal beneficiaries. (Hubby has no other children and no family) So, instead, I just told him that I thought it would be better if our passports match and that I wanted them to match my married name when dealing with their school affairs, and at airports. Ex- is upset at me b/c the domestic relations "reminded" him last year that he needed to pay support and he is now paying support plus arrears. That was never an issue with me since my salary has always kept us comfortable and my husband's affords us even more. Child support didn't even cover childcare costs for one child way back when childcare was needed, so it is not much. However, it is a significant chunk of my ex- wages and I'd be in contempt if I didn't follow enforcement rules. My ex- feels I have enough and much more than he does and that I shouldn't "demand" support. If child support enforcement was my choice, I'd gladly give it up in exchange for sole custody. My ex- is not a bad persdon, but was never a good parent, either. That is why I divorced him when the kids were a little over 1 and 5 years old. My current husband has been an exemplary husband since they were 3 and 7. My ex- will not allow adoption b/c his son, a failed student and athlete, lives vicariously through my son's success as an honor student and star athlete. My ex- is ill-advised and easily manipulated by his son. His son, 22, lives with my ex- and shows up with my ex- at court hearings etc.

  4. #4
    Join Date
    Aug 2006
    Posts
    4

    Default Re: Name Change for Minor - Texas

    No, I asked the father and he asked "Why would you want to do that?" I felt there was no point in reminding him that my current husband and I will be paying 100% of their college expenses with a fund we already have - ditto for wedding expenses. They are also my husband's legal beneficiaries. (Hubby has no other children and no family) So, instead, I just told him that I thought it would be better if our passports match and that I wanted them to match my married name when dealing with their school affairs, and at airports. Ex- is upset at me b/c the domestic relations "reminded" him last year that he needed to pay support and he is now paying support plus arrears. That was never an issue with me since my salary has always kept us comfortable and my husband's affords us even more. Child support didn't even cover childcare costs for one child way back when childcare was needed, so it is not much. However, it is a significant chunk of my ex- wages and I'd be in contempt if I didn't follow enforcement rules. My ex- feels I have enough and much more than he does and that I shouldn't "demand" support. If child support enforcement was my choice, I'd gladly give it up in exchange for sole custody. My ex- is not a bad person, but was never a good parent, either. That is why I divorced him when the kids were a little over 1 and 5 years old. My current husband has been an exemplary husband since they were 3 and 7. My ex- will not allow adoption b/c his son, a failed student and athlete, lives vicariously through my son's success as an honor student and star athlete. My ex- is ill-advised and easily manipulated by his son. His son, 22, lives with my ex- and shows up with my ex- at court hearings etc.

  5. #5
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Name Change for Minor in Texas

    I doubt you will get anywhere with this idea if pa does not want to do it.

  6. #6
    Join Date
    Aug 2006
    Posts
    4

    Default Re: Name Change for Minor in Texas

    I guess judges think differently from one another but, what constitutes "the best interest of the child?" I mean, is it something as superficial as "...parents wanting all family members' names to match," or does it have to be something super-serious like "...so that the abusive father cannot find the child?"

    I mean, I am willing to petition even though bio-dad has said "no" because it's that important to me, but I cannot (and don't wish to) imply that bio-dad is something he's not.

    I can wait until my son is 18 and have him petition on his own (he wants to) but I rather do it now and have all school records reflect the name he'll use in college. I am told that at 18, he will not need his bio-dad's, mine, or his step-dad's (whose name he'll be taking) permission. Is that correct?

    momoftwo

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

    Default Re: Name Change for Minor in Texas

    The best interest factors are usually detailed in a statute. You may wish to review these Texas statutes (PDF Format).

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