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  1. #1
    Join Date
    Apr 2007
    Location
    Garland, Tx
    Posts
    10

    Post Changing the Child's Last Name

    My name is Brandi, we live in Texas and I had been married to my husband for 5 yrs, an ex girlfriend of his had a little girl and at the time he had believed that the baby was his. That was almost 7 yrs ago, we had tried several times to get a dna test and she refused to give us one. We never really had any visitation with the child she lives in the state of Alabama(has lived there since the baby was almost 1yrs old) and refused any visitation. The child does carry his last name and he is on the birth certificate and he signed the Acknowledgement of Paternity. In July of 2006 my husband was diagnosed with Cancer and was put on disability. Since he was on the birth certificate we were told that we had to list the child so she could recieve benefits. He passed away on March 14, 2007 and she is recieving survivors benefits now. We have been able to get a dna test done to determine that my husbands mother is of no relation to the child, which obviously means that niether was my husband. We need to find out how to go about getting his named removed from the childs birth certificate, or if that is even possible? We would like to have his last name removed from her as well. We just do not know where to begin.

  2. #2
    Join Date
    Apr 2007
    Location
    Garland, Tx
    Posts
    10

    Default Re: Changing the Child's Last Name

    Somebody Please Tell Me If This Is Possible And How I Can Go About Getting This Done....

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Changing the Child's Last Name

    Quote Quoting brandi9745
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    We need to find out how to go about getting his named removed from the childs birth certificate, or if that is even possible?
    It is highly unlikely that it is possible. I don't know of a way.
    Quote Quoting brandi9745
    We would like to have his last name removed from her as well.
    You have no control over the child's name.

  4. #4
    Join Date
    Apr 2007
    Location
    Garland, Tx
    Posts
    10

    Default Re: Changing the Child's Last Name

    MRKNOWITALL.... I just wanted to let you know that I did some research and it IS possible, we will have to pittition the courts and since he is not her biological father and never had a relationship with the child we can have his name removed and his last name. But thanks anyways for your info.

  5. #5
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Changing the Child's Last Name

    Quote Quoting brandi9745
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    MRKNOWITALL.... I just wanted to let you know that I did some research and it IS possible, we will have to pittition the courts and since he is not her biological father and never had a relationship with the child we can have his name removed and his last name. But thanks anyways for your info.
    While you may be able to have his name removed from the bc, I seriously doubt that you would be able to change the child's last name. The child can have any name the mother wishes and since she has lived with the name for this long and identifies with it, I don't believe a judge would order that it be changed.

  6. #6
    Join Date
    Apr 2007
    Location
    Garland, Tx
    Posts
    10

    Default Re: Changing the Child's Last Name

    That might be the case in a different situation, but since the child has 3 siblings and now we know that they all share the same father, we are going to be able to get her named changed to her biological fathers name. She is one of the middle children and she is the only one with a different last name. In the best interestr of the child she will be better off having her fathers last name just like her brothers and sisters. It will stop all of the questions that they have all been asking, Like " why do I have a different name?" and " They arent my brothers and sister because my name is different" In the state of Texas it is possible!!

  7. #7
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Changing the Child's Last Name

    Quote Quoting brandi9745
    View Post
    That might be the case in a different situation, but since the child has 3 siblings and now we know that they all share the same father, we are going to be able to get her named changed to her biological fathers name. She is one of the middle children and she is the only one with a different last name. In the best interestr of the child she will be better off having her fathers last name just like her brothers and sisters. It will stop all of the questions that they have all been asking, Like " why do I have a different name?" and " They arent my brothers and sister because my name is different" In the state of Texas it is possible!!
    Again, you cannot get anything done. IF the mother agrees that it is in the best interest of the child to change the last name then fine, she may have a good chance at it. However you cannot make her if she does not want to. It is her child.

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