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

UPDATED: Sep 5, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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