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  1. #1
    Join Date
    May 2018
    Posts
    17

    Question Name Change for a Minor When the Father is Absent and Living Overseas

    My question involves name change laws in the State of Texas

    Hello!

    I have full custody of my three children (8,10,13). I got remarried and they don't carry my last name. Their last name is from their biological father which lost custody because of abuse. He lives NOT in the states. Contact information unknown. His living place is somewhere in Germany.

    The children refuse to use their last name and really want to have their last name changed. How do I start the process?


    Thank you in advance.

  2. #2
    Join Date
    Mar 2013
    Posts
    16,661

    Default Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us

    Here's the statute. See Subchapter A:

    http://www.statutes.legis.state.tx.u.../htm/FA.45.htm

    Here's an information sheet from one Texas court. You can probably get something similar from your local family court's website (or visit) along with forms and instructions.

    http://www.collincountytx.gov/law_li...rOneParent.pdf

    You will have to serve the petition on the father (or get his consent) or get him to sign a waiver of service or serve by publication.

    Looks like there may be an instruction packet for that, too.

  3. #3
    Join Date
    May 2018
    Posts
    17

    Default Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us

    thank you for the information.

    So I do have to get a citation by publication packet then? (It's a bit confusing)

    8. If you do not know the whereabouts of the other party, you must have them served by publication. Please ask for a Citation by Publication packet.

  4. #4
    Join Date
    Oct 2016
    Posts
    2,651

    Default Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us

    Yes. And this is a link for it. https://www.cdcatexas.com/Resources/FormLibrary

    Actually you will need to scroll down for it.

  5. #5
    Join Date
    May 2018
    Posts
    17

    Default Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us

    hello again,

    I need help. I was looking up the forms for citation for publication and there so many forms...I don't know which one is the right one. It's for TX state (BEXAR county)

    Thank you!!!

  6. #6
    Join Date
    Oct 2006
    Posts
    15,112

    Default Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us

    Quote Quoting B2018
    View Post
    hello again,

    I need help. I was looking up the forms for citation for publication and there so many forms...I don't know which one is the right one. It's for TX state (BEXAR county)

    Thank you!!!
    If its confusing for you then your best bet would be to hire an attorney to handle the name change. You are going to have a few issues because dad is out of the country and not really findable so an attorney is really necessary for your case.

  7. #7
    Join Date
    Mar 2013
    Posts
    16,661

    Default Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us

    Quote Quoting B2018
    View Post
    hello again,

    I need help. I was looking up the forms for citation for publication and there so many forms...I don't know which one is the right one. It's for TX state (BEXAR county)

    Thank you!!!
    I don't find any name change for a minor forms on the Bexar court website.

    I checked other courts and couldn't find any either but got referred to:

    https://texaslawhelp.org/name-change/name-change-child

    It's not a pay site, no ads, no gimmicks.

    Check the forms and instructions and see it they help.

  8. #8
    Join Date
    May 2018
    Posts
    17

    Default Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us

    well, the process itself is pretty pricey. I can't really afford a lawyer
    so I try to start at least the process as good as possible.

    thank you very much. I will try to go through this page. But I believe I have to pay a fee at some point. I will see. Will definitely check it out.

  9. #9
    Join Date
    Oct 2016
    Posts
    2,651

    Default Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us

    You will have to pay court fees for sure and the cost to the newspaper to publish the notification. But if you are over your head finding the file in the link I sent you or the site AJ gave you, you are likely way over your head trying to do this on your own.

  10. #10
    Join Date
    May 2018
    Posts
    17

    Default Re: Name Change of Minors in Tx with Absent Biological Father (He is Not Living in Us

    yes, I am aware of the fees and we can work with these. I looked through the other forms on the link that AJ sent me but there is no form for Citation by Publication and I need exactly this. ugh

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