Can I change my child’s last name without the father’s consent?

He has abandoned the child; he’s been gone for over 18 months without a word. I do not get child support nor do I want it; I just want my child to have my last name.

Asked on September 5, 2012 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The way that you change your child's present surname withiot his or her father's consent is to file a petition in the county court house for such in the county you reside seeking the change and the reasons for such. I suggest that you have a family law attorney assist you in the endeavor.

You will need to serve the father with the petition and publish the petition in a newspaper per court order for a month, once a week. It will then be incumbent upon the father to contest the last name change you desire for your child.


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