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  1. #1
    Join Date
    Jun 2007
    Posts
    1

    Default Step Children Name Change

    I was married within the last week. My wife has 2 children (age 6 and 7) from a previous relationship. They have lived with her and I for the past 2 years. Their biological father has not contacted or supported them in that time. They know me as their dad. There is also no order in place for child support and has never been. Is there a way for us to simply change the last names of the children to match our last name, without me being liable for child support in the even that we divorce.

    I hope we dont divorce, but I don't want to have to fight someone else's fight in the event that we do. And I don't mind having a relationship with the children in the event that we divorce, but I want it to be on my terms and not on the court's terms. I live in Texas by the way. Both children were born in Texas and we were married in Texas.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Step Children Name Change

    Quote Quoting cpatt1124
    View Post
    I was married within the last week. My wife has 2 children (age 6 and 7) from a previous relationship. They have lived with her and I for the past 2 years. Their biological father has not contacted or supported them in that time. They know me as their dad. There is also no order in place for child support and has never been. Is there a way for us to simply change the last names of the children to match our last name, without me being liable for child support in the even that we divorce.

    I hope we dont divorce, but I don't want to have to fight someone else's fight in the event that we do. And I don't mind having a relationship with the children in the event that we divorce, but I want it to be on my terms and not on the court's terms. I live in Texas by the way. Both children were born in Texas and we were married in Texas.
    The bio father will need to give consent, or your wife will need to go to court before the names can be changed.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Step Children Name Change

    They know me as their dad.
    I would like to point out the problem I see in your post.

    If they see you as their dad, then by refusing to accept all responsibility for them is dereliction of duty.

    If you want to be accepted as their dad, then go to court and attempt to severe the parental rights of the bio dad and actually become their dad.

    Anything less is simply you sleeping with their mom. That is not being their dad.

    If you do not want the responsibilities then let mom do whatever she wants to as to the names of the children. You have no say so in the situation.

    Sorry, you can't have it both ways.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Step Children Name Change

    If there is a custody or visitation order in effect, or any other adjudication relating to the children between the mother and father, the mother should be able to go back to that court and petition for a name change. She would ordinarily have to prove that the name change is in the children's best interests.

  5. #5

    Default Re: Step Children Name Change

    A lot depends on state law. If you support them and treat them as your own, a court might award child support. If you adopt them, they will have rights to your estate, social security, etc.

    Reading between the lines, you feel pressured to take responsibility but are not prepared to take that step. I would consult with an attorney to be sure you don't do it anyway without meaning too.

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