Correct.So I'd send him an email saying provide consent. There is nothing forcing him to do this or even reply to the email.
No.So in the kit there is an order and petition which both have to be signed by the other side and notarized. Can her attorney sign for her on these documents because I can remove her name from the information where it lists the co-petitioner and leave blank for her attorney to sign and notarize and make him aware by emailing him the documents upon filing?..good plan?
An attorney is not going to sign anything for his client.
You file the petition with the prepared order but you don't file either without the other party's signature on the petition.Also would I nee to file both the petition and the order or just file the petition and serve him with the stamped petition and blank order for signature because there is no point that I see submitting the order to the judge without the other party signature right?
The guide you posted earlier says:
"First, you file the Original Joint Petition For Child’s Name Change. The petition must be signed by both of the child’s parents, and any other person who has been given legal rights to your child in a court order. Everyone’s signature must be notarized.
Texas Family Code, Section 45.002."
According to that you don't file the petition until it's got the notarized signature of both parties, then you file it along with the prepared order.
He's been ordered by the court not to oppose the name change. That order sticks.
By your own admission there were errors in the original petition. Redo the petition correctly with your notarized signature and space prepared for his. Send the original and a couple of duplicates to his lawyer so his lawyer can get his notarized signature on the petition.
There's no sense in filing anything with court without both signatures because nothing will happen without both signatures.
If your ex comes back with more nitpicking or fails to sign you are free to file for contempt, get him in front of a judge, and have the judge order him to sign on the spot.

