Learn Ask A Question Get Help
in   from 


    

Question: Divorce, Marriage, Alimony - Texas

Asked on 10/24/2009

Can a child retain mothers last name and still receive child support?

The father and I were never married and I was wondering if she could keep my last name instead of having his. If so does he have to continue paying child support?


 Notify me of updates.   Answer This Question!      Question Offensive or Inappropriate?

This question received 149 views.    

Answers (1):

AttorneyPages has verified that this person is an attorney.

Generally speaking, if you go to court seeking child support, you must first establish paternity and the child's name will be changed to match the fathers'.  If you have a very good reason for not changing the name, the Court will consider it, there is no rule of law requiring the name change, per se.  However, if Dad ask for the name change he will get it; at least I have never seen this request denied.

You should also note that name and support are not related.  The child's name is a matter related to paternity, not support.  In other words, the father's obligation to pay support is not dependent on the child having his last name, it is a matter of public policy that children receive support from both parents.  

The operative question you have not asked, and I venture to guess you may have a problem, is visitation.  A father's obligation to support a child and right to access and visitation with that child are also two distinct issues and in Texas, they are not interdependent.  

Now, if you have already established paternity and the father is paying support and you are seeking to change her name to match yours, you have to serve the father with a copy of the petition to change name and he is a necessary party.

Roy L. Reeves

www.planoattorney.net



  • Answered on 10/24/2009
  • Rating:
  •  Rate this answer






AttorneyPages.com
HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2010