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  1. #1
    Join Date
    Jan 2007
    Posts
    2

    Default Name Change And The Best Interest Of The Child

    I live in Texas and have a seven month old son. The father and I broke up during early pregnancy and I gave my son my last name. During the establishment of paternity at AG's office, he decided he wanted my son to have his last name. I have spoken to several attorney's about this issue, and everyone repeats the same thing ... what is in the best interest of the child? What all is factored in determining what is in a child's best interest? Father has paid under 300 in child support since birth and has gone for long periods without seeing the baby. I have two older children with my last name from my marriage to their father. I made a commitment to myself long ago that if I ever remarried I would elect to keep my last name so I wouldn't have a different name than my children. I am prepared to hire an attorney, but I've heard judges typically rule in favor of the father in these cases. So again, "what is in the best interest of the child" exactly?

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

    Default Re: Name change and the best interest of the child

    The factors involved would normally be the same ones which apply in custody cases, to the extent that they are relevant to a name change:
    • The desires of the Child;
    • The emotional and physical needs of the child now and in the future;
    • The emotional and physical danger to the child now and in the future;
    • The parental abilities of the individuals seeking custody;
    • The programs available to assist these individuals to promote the best interest of the child;
    • The plans for the child by these individuals or by the agency seeking custody;
    • The stability of the home or proposed placement;
    • The acts or omissions of the parent which may indicate that the relationship is not a proper one; and any excuse for the acts or omissions of the parent.

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