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  1. #1
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Changing a Child's Name When the Father is Absent

    Unless you have consent of the father, it's NOT straight forward. You need an attorney. What you need to do is prepare the petition and serve the father (at least since he is in prison it should be easy to find him).

    Let me clue you in on some very practical issues. The imprisoned father is the REAL FATHER even if he has been absent from the child's life. He will REMAIN the child's father until his rights are terminated and some other male has adopted him. Understand that the courts typically take a dim view of the ADOPTION process being thwarted via name change petitions.

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

    Default Re: Changing a Child's Name When the Father is Absent

    As has been said, adoption is a better alternative. Is there some reason your husband does not want to adopt this boy? Adoption should not be terribly difficult since you have a strong case for terminating the rights of the natural father.

    Texas is a "best interest of the child" state. Now, in Texas, imprisonment for more than 2 years is a supporting factor along with the best interest of the child in terminating parental rights. Use of controlled substances in a manner that endangers the health and safety of the child is also strong support to do this. A family law attorney should be able to help you with this.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Changing a Child's Name When the Father is Absent

    Quote Quoting Bubba Jimmy
    View Post
    As has been said, adoption is a better alternative. Is there some reason your husband does not want to adopt this boy? Adoption should not be terribly difficult since you have a strong case for terminating the rights of the natural father.

    Texas is a "best interest of the child" state. Now, in Texas, imprisonment for more than 2 years is a supporting factor along with the best interest of the child in terminating parental rights. Use of controlled substances in a manner that endangers the health and safety of the child is also strong support to do this. A family law attorney should be able to help you with this.

    There are enough sections and sub-sections to drive you nutty. It becomes even more convoluted because some crimes are obviously more serious than others and sentencing is not the only criteria .and standing alone, incarceration is not a reason to terminate. Now, the crimes leading up to incarceration can be a valid reason.

    https://www.dfps.state.tx.us/documen...ermination.pdf

    (I had tried to highlight certain paragraphs, but the website obviously hates me)

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