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  1. #1
    Join Date
    Jun 2013
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    1

    Unhappy Changing a Child's Name if Paternity Was Never Established

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

    My daughter is 4yrs old. I have no idea who her biological father is. I had one guy tested through DNA he was not the father. At the time my x boyfriend said he would help me raise her long story short I gave her his last name. He did not sign the birth certificate no one did. I have not received child support from anyone or found who her father is. I want to change her last name to my maiden name. I've never been married & still single. My x boyfriend & I have not talked or seen each other in 3 1/2 years. No one has came forward to claim her. What do I need to do to change her last name? I live in Kaufman county & there isn't much info on how to go about it.

    I have no desire to search for her father. I just want the name change. I am also low-income so any help would be great. She is starting school soon & I don't want her called by my x boyfriends last name. She also questions me if she is really mine because our names do not match. I have a younger son with my last name. She feels like the odd ball out as if she doesn't belong. It hurts me that she feels that way. Please help me.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Changing a Child's Name if Paternity Was Never Established

    Quote Quoting JB24
    View Post
    My question involves name change laws in the State of: Texas

    My daughter is 4yrs old. I have no idea who her biological father is. I had one guy tested through DNA he was not the father. At the time my x boyfriend said he would help me raise her long story short I gave her his last name. He did not sign the birth certificate no one did. I have not received child support from anyone or found who her father is. I want to change her last name to my maiden name. I've never been married & still single. My x boyfriend & I have not talked or seen each other in 3 1/2 years. No one has came forward to claim her. What do I need to do to change her last name? I live in Kaufman county & there isn't much info on how to go about it.

    I have no desire to search for her father. I just want the name change. I am also low-income so any help would be great. She is starting school soon & I don't want her called by my x boyfriends last name. She also questions me if she is really mine because our names do not match. I have a younger son with my last name. She feels like the odd ball out as if she doesn't belong. It hurts me that she feels that way. Please help me.
    Your local courthouse should have the forms available (and they may be available online as well) to do a name change. Since you are the only legal parent of the child, it should not be a problem.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Changing a Child's Name if Paternity Was Never Established

    There's a nice guide to name changes in Texas, here.
    Quote Quoting Name Change for a Child
    If you are requesting the name change of a child, Texas law requires that the Petition requesting the name change be served by a constable or process server on each parent of the child that has not had their parental rights terminated or any managing conservator or guardian of the child. Additionally, a Petition for the Change of Name of a Child requires different information than a Petition for an adult’s name change. The petition requesting the child’s name change requires the following information:

    (1) the present name and place of residence of the child;

    (2) the reason a change of name is requested;

    (3) the full name requested for the child;

    (4) whether there has been a previous court order regarding the child and which court has continuing exclusive jurisdiction under Chapter 155 of the Texas Family Code;

    (5) the child is required to register as a sex offender under the requirements of Chapter 62, Code of Criminal Procedure; and

    (6) If the child is 10 years of age or older, the child’s written consent to the change of name must be attached to the petition.
    From what I can see, if a father's rights are not established he would not have the right to notice of the petition; but i won't promise that the court won't order you to provide some sort of notice to the putative father.

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Changing a Child's Name if Paternity Was Never Established

    Who was listed on the birth certificate as the father?

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Changing a Child's Name if Paternity Was Never Established

    Quote Quoting Bubba Jimmy
    View Post
    Who was listed on the birth certificate as the father?
    I interpret "He did not sign the birth certificate no one did" as meaning no father was named on an application for a birth certificate or acknowledgment of paternity, and that the father's name on the birth certificate is blank, but you're correct in where you're going - that if somebody is named as the father on the child's birth certificate that person would be entitled to notice.

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