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  1. #1
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    Default How to Change a Child's Surname if Paternity Was Not Established

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

    Hello all. My child is 5 years old and we are residents of Texas. At the time of his birth there wasn't a father listed on his birth certificate, however I did give my son the father's last name.

    The father is NOT involved in our lives, he does not pay child support, nor have ny visitation. I tried to pursue child support initially and the judge said there needed to be an acknowledgment of paternity. My ex did not sign the acknowledgement and is basically denying being the father. I have opted to not pursue this.

    I very badly want to change my child's last name to my maiden name. However, all of the paperwork I have seen to accomplish this requires that I provide an agreement from the father. If there is no father on the birth certificate I shouldn't have to provide this correct? Can I just turn in the forms with the birth certificate that shows no father listed as proof of termination of parental rights?

    Thank you for your help and time.

  2. #2
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    Default Re: How to Change a Child's Surname if Paternity Was Not Established

    The father's rights have not been terminated - hence it is not proof of termination of parental rights.

    What's the reason for the change?

  3. #3
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    Default Re: How to Change a Child's Surname if Paternity Was Not Established

    I think the reason for the change is clear - the "father" wants no part in the child's life. He denies being the father. He didn't sign an acknowledgement of paternity. He isn't on the birth certificate.

    From what I have read and understand from people in similar situations, if you weren't married when your kid was born the father should have signed a "voluntary acknowledgement form." Otherwise the court has to establish paternity. Was there ever a paternity test? Is there anything that determines this guy is actually the father?

    This is how Texas defines a father:

    An "adjudicated father" is a man who has been adjudicated by a court to be the father of a child. A "presumed father" is a man who, by operation of law under Sec. 160.204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding. A man is presumed to be the father of a child in certain circumstances, including if:
    He is married to the mother of the child, and the child is born during the marriage;
    He was married to the child's mother, and the child is born before the 301st day after the date the marriage is terminated;
    During the first 2 years of the child's life, he continuously resided in the household in which the child resided, and he represented to others that the child was his own.

    You might want to call a family law lawyer and at least see what they can tell you. They would know more and most give a free consultation. This is about Texas laws establishing paternity:

    https://texasattorneygeneral.gov/cs/...hing-paternity

    http://texaslawhelp.org/files/685E99...ty_law_faq.pdf

    It seems like with his lack of involvement, no court order or voluntary acknowledgement and him not on the birth certificate that he may not have any rights. But, again, a family law lawyer would know more.

  4. #4
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    Default Re: How to Change a Child's Surname if Paternity Was Not Established

    Quote Quoting sparks82
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    I think the reason for the change is clear - the "father" wants no part in the child's life. He denies being the father. He didn't sign an acknowledgement of paternity. He isn't on the birth certificate.
    Sorry, didn't realize you were the OP. Oh ... you're not.

  5. #5
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    Default Re: How to Change a Child's Surname if Paternity Was Not Established

    Paternity established or not, a minor name change for WHATEVER reason is going to take a court action which shows that the change is in the best interest of the child. Further, even without an establishement of paternity, I suspect the court is going to want to see the father whose name was used to be at least notified.

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    Default Re: How to Change a Child's Surname if Paternity Was Not Established

    Quote Quoting flyingron
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    Paternity established or not, a minor name change for WHATEVER reason is going to take a court action which shows that the change is in the best interest of the child. Further, even without an establishement of paternity, I suspect the court is going to want to see the father whose name was used to be at least notified.
    And she stated that she gave him the acknowledgment form and he refuses to sign it. He won't even acknowledge the kid as his...I think most judges would go ahead and say it's in the best interest of the kid to have a name change in this case when the father is non-existent in its life, will not acknowledge paternity and doesn't pay support or visit. But that's an opinion.

  7. #7
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    Default Re: How to Change a Child's Surname if Paternity Was Not Established

    And she stated that she gave him the acknowledgment form and he refuses to sign it. He won't even acknowledge the kid as his...I think most judges would go ahead and say it's in the best interest of the kid to have a name change in this case when the father is non-existent in its life, will not acknowledge paternity and doesn't pay support or visit. But that's an opinion.
    Well, I like to follow the law rather than personal opinion. The fact that the child has a name of a person uninvolved in their life doesn't by itself show it's in the best interest of the child. The parent had better do a better job of finding a reason other than I'm unhappy that I gave the child this name when his father never was interested in the child. You need to specifically show how the child is suffering from some disability with the current name and how that will be improved by the proposed change.

    One needs to separate the parent's feelings about the name from what is actually happening to the child. I'd recommend she probably would need legal assistance on drafting this petition (and assistance in the actual hearing).

  8. #8
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    Default Re: How to Change a Child's Surname if Paternity Was Not Established

    Quote Quoting flyingron
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    Well, I like to follow the law rather than personal opinion. The fact that the child has a name of a person uninvolved in their life doesn't by itself show it's in the best interest of the child. The parent had better do a better job of finding a reason other than I'm unhappy that I gave the child this name when his father never was interested in the child. You need to specifically show how the child is suffering from some disability with the current name and how that will be improved by the proposed change.

    One needs to separate the parent's feelings about the name from what is actually happening to the child. I'd recommend she probably would need legal assistance on drafting this petition (and assistance in the actual hearing).
    sparks' post hx tells us she doesn't like us here anyway. *cough*

  9. #9
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    Default Re: How to Change a Child's Surname if Paternity Was Not Established

    Quote Quoting poechrisk
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    The father is NOT involved in our lives, he does not pay child support, nor have any visitation. I tried to pursue child support initially and the judge said there needed to be an acknowledgment of paternity.
    That is not true. But if you have not established paternity through marriage or an AOP, you need to file a paternity case in association with your effort to obtain child support.
    Quote Quoting poechrisk
    However, all of the paperwork I have seen to accomplish this requires that I provide an agreement from the father. If there is no father on the birth certificate I shouldn't have to provide this correct?
    By statute:
    Quote Quoting Texas Family Code, Sec. 101.024. Parent.
    (a) "Parent" means the mother, a man presumed to be the father, a man legally determined to be the father, a man who has been adjudicated to be the father by a court of competent jurisdiction, a man who has acknowledged his paternity under applicable law, or an adoptive mother or father. Except as provided by Subsection (b), the term does not include a parent as to whom the parent-child relationship has been terminated.

    (b) For purposes of establishing, determining the terms of, modifying, or enforcing an order, a reference in this title to a parent includes a person ordered to pay child support under Section 154.001(a-1) or to provide medical support for a child.
    Note that there is a difference between being an alleged father ("a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined") and being a presumed father. A presumed father falls under one of the categories set forth in Texas Code, Sec. 160.204. Your ex- probably doesn't fit the definition, but we lack the facts to be certain.

    In terms of a petition to change the name of a minor child:
    Quote Quoting Texas Family Code, Sec. 45.003. Citation.
    (a) The following persons are entitled to citation in a suit under this subchapter:

    (1) a parent of the child whose parental rights have not been terminated;

    (2) any managing conservator of the child; and

    (3) any guardian of the child.

    (b) Citation must be issued and served in the same manner as under Chapter 102.
    If you file your petition without identifying a father, the court may have any number of questions for you in relation to why a father has not been identified, and whether a father should have been served with notice of the proceeding. It's possible that the court would find your answers satisfactory, but it's also possible that the court will find that there are questions that remain unanswered and thus that it will be necessary for you to serve the alleged father with a copy of your petition before the name change will be permitted to proceed.

    If it were me, I would serve the father under the assumption that he probably won't appear, and if he were to appear (assuming he doesn't qualify for a presumption of paternity) I would argue that he lacks standing to object to the petition. Unless the facts dictate that he's a presumed father, I would not identify him on the petition as the child's legal or presumed father, but would file proof of service with the court in advance of the proceedings in case notice became an issue. If he is entitled to a presumption of paternity, he has the right to be served with the petition and to object to the name change.

    Quote Quoting poechrisk
    Can I just turn in the forms with the birth certificate that shows no father listed as proof of termination of parental rights?
    His rights have not been established. That's something entirely different from their having been terminated.

  10. #10
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    Default Re: How to Change a Child's Surname if Paternity Was Not Established

    Quote Quoting sparks82
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    And she stated that she gave him the acknowledgment form and he refuses to sign it. He won't even acknowledge the kid as his...I think most judges would go ahead and say it's in the best interest of the kid to have a name change in this case when the father is non-existent in its life, will not acknowledge paternity and doesn't pay support or visit. But that's an opinion.
    It is an ignorant opinion. OP could have filed to establish paternity. Please quit posting.

    Quote Quoting Mr. Knowitall
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    That is not true. But if you have not established paternity through marriage or an AOP, you need to file a paternity case in association with your effort to obtain child support.

    By statute:

    Note that there is a difference between being an alleged father ("a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined") and being a presumed father. A presumed father falls under one of the categories set forth in Texas Code, Sec. 160.204. Your ex- probably doesn't fit the definition, but we lack the facts to be certain.

    In terms of a petition to change the name of a minor child:

    If you file your petition without identifying a father, the court may have any number of questions for you in relation to why a father has not been identified, and whether a father should have been served with notice of the proceeding. It's possible that the court would find your answers satisfactory, but it's also possible that the court will find that there are questions that remain unanswered and thus that it will be necessary for you to serve the alleged father with a copy of your petition before the name change will be permitted to proceed.

    If it were me, I would serve the father under the assumption that he probably won't appear, and if he were to appear (assuming he doesn't qualify for a presumption of paternity) I would argue that he lacks standing to object to the petition. Unless the facts dictate that he's a presumed father, I would not identify him on the petition as the child's legal or presumed father, but would file proof of service with the court in advance of the proceedings in case notice became an issue. If he is entitled to a presumption of paternity, he has the right to be served with the petition and to object to the name change.


    His rights have not been established. That's something entirely different from their having been terminated.
    Truthfully she should serve the ALLEGED father and also do a JOHN DOE posting.

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