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  1. #1
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    Oct 2009
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    Question Desire for Child to Retain Mother's Surname

    My question involves name change laws in the State of: Texas
    Is there any precedent to allow a child to retain the mother's surname?
    Bio-father has been determined by paternity test and he has visitation, which he excercises about 50% of the time
    Currently my child has my surname.
    I would prefer my child retain my surname, is this possible?

  2. #2
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    Default Re: Desire for Child to Retain Mother's Surname

    This is in the context of a paternity action? With the child being how old?

  3. #3
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    Default Re: Desire for Child to Retain Mother's Surname

    The child is 9 months old and yes in the context of a paternity action.
    Temporary orders are in place -- name change is pending resolution at final orders

  4. #4
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    Default Re: Desire for Child to Retain Mother's Surname

    According to this law firm,
    Quote Quoting Can the father change the infant's last name to his?
    If the father asks to have his name on the child, that request will most likely be granted by the court. This is an old Texas common law rule that the father has a protectable interest in the child bearing his surname. In re Baird, 610 S.W.2d 252 (Tex. Civ. App., Fort Worth 1980, no writ). You could ask that the child's name be hyphenated with yours, or request that the father's name be a middle name, but these requests would be at the judge's discretion.

  5. #5
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    Oct 2009
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    Default Re: Desire for Child to Retain Mother's Surname

    Will his lack of commitment to visitation carry any weight is swaying a judge? or a waste of my breath?

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