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  1. #1

    Default Changing a Child's Name

    I have a 5 year old daughter. She does not know her bio father. I had her when I was 20yr.s old following a horrible relationship. I ended the relationship before I even know I was pregnant. He found out and wanted to be involved....in his own way. I told him if he was interested he would have to clean up (drugs and drink) and get a job. He never did for the duration of my pregnancy...I tried to lose contact because he was still getting into trouble with the law and being jerky. I am aware I got myself into the situation, fully aware. His name is not on the birth certificate, btw. After I had her he showed up telling me he had a job and had his own apartment. I let him in my home and soon realized my mistake. He made a drug transaction using my phone! I didn't know it until the car pulled up in front of my house. I asked him to leave, he wouldn't. I called the police, they made him leave, suggesting I get a Protective Order. A friend went with me the following day and I got what I thought was a protective order, but apparently it was only the first step. Both my friend and I thought I had a complete order. I Left with my papers and a few days later he was outside my home being violent, wanting in. My home, in the back yard, gave access to my electricity. He shut off my electricity and sat outside my home. I couldnt call the police because my phone required electricity. I saw a neighbor kid from my kitchen window and opened it asking him to call the police for me. Chris (bio father) heard and put his arm thru the glass. Finding out then that my PO was no good. I sat and filled out a report to press charges but nothing happened. Things progressed, police werent helpful, I couldnt go to work because he was always there. Eventually deciding to move in with my grandparents. Eventually moving to Michigan. I got married to a man that my daughter considers her father. The only father she has known. I am afraid to do anything because I do not want Chris to find us. I would like to get my daughters name changed to our last name. My maiden name is what she is using right now. Is it possible for me to just have my husbands name put on her birth certificate (we are now in texas and have been for 2 years) and consider him her father. Chris has never shown any interest in my daughter but i know he would use her to get to me. We are planning on expanding our family soon and I dont want my daughter to have a different name. She is a very well adjusted and happy girl and I cant imagine her bio father in the picture. She loves her father, my husband. What can I do? Can I change her name without notifying Chris? Can I just add my husband to the father section of her BC? I want to not have to make contact with Chris. Also, after I had Anna I was receiving food stamps for 2 months. DHS made me apply for child support when I said I did know who the father was, I wish I hadn't. I tried once but he defaulted?, never showed. I dont know if that puts him on the record as annas father. Will that come back to haunt me?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Changing Child's Name

    You can probably "change her name", at least as it is commonly used, simply by having her use your husband's surname.

    In terms of changing the birth certificate, that would require step-parent adoption, which in turn would require lawful notification to the biological parent.

    Getting a court-ordered name-change without adoption would likely have to be through the court which decided your original custody and support issues, if that has not been changed to another state. You can petition for Texas to assume jurisdiction under the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act), although it helps to have the assistance of an attorney in preparing and submitting such a petition. The biological father would have the right to be notified of any such court proceedings.

  3. #3

    Default thanks for responding

    You mean when school starts I can put her down using my married last name without "officially" changing it? Also, there wasn't ever a custody or child support order issued. His name is not on the BC. There was a child support petition but he never showed up to give a sample of his DNA. The only time he has been on paper as her father is with DHS. So, with all of that. Can I just add my husband to her birth certificate and be done with it? Consider him the bio father? Rather than going thru a process that will very likely just disrupt our lives and bring my criminal ex back into the picture?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: thanks for responding

    Quote Quoting erginflergin
    You mean when school starts I can put her down using my married last name without "officially" changing it?
    Assuming no school policy to the contrary, you should be able to do that.

    Quote Quoting erginflergin
    Also, there wasn't ever a custody or child support order issued. His name is not on the BC. There was a child support petition but he never showed up to give a sample of his DNA. The only time he has been on paper as her father is with DHS.
    If he failed to appear in court as ordered, he was probably determined to be the father by default.

    Quote Quoting erginflergin
    So, with all of that. Can I just add my husband to her birth certificate and be done with it?
    Not lawfully.

  5. #5

    Default Thanks again. It helps.

    How would I find out. I was never told he was or wasn't determined to be Anna's father. I have papers that say DHS should be granted default in this case but nothing more was heard from the lawer or anything else.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Paternity Action & Default

    Check the court file with the court where the paternity action was filed.

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