If I’m going through a divorce, can I change my daughter’s last name before the divorce is finalized?

She is not his biological child nor did he adopt her. Her name was changed to match the family. Do I need his consent either before or after the divorce is finalized or can I do it myself?

Asked on July 17, 2015 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your daughter was not born during the marriage, then you can change the name of your daughter.  If your daughter is not his biological child, but was born during the marriage, then you would need to wait until the divorce is over--because he would be considered a "presumed father".  In the final decree of divorce, the decree needs to specify that your daughter is not his child. 

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