Can my divorce decree be modified since my daughter’s father had my daughter’s name changed without my definite approval?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my divorce decree be modified since my daughter’s father had my daughter’s name changed without my definite approval?

I was pregnant with my daughter when the divorce was filed. Her father was not around during the pregnancy and I gave birth to her alone. I gave her my last name. After she was born, he contacted me to finalize the divorce. I was not contesting the divorce so I signed the consent to waiver form. I learned after the divorce decree was filed that my daughter’s name was changed to his last name.

Asked on May 31, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Many people, unfortunately, sign waivers without realizing their significance.  If you signed a waiver of service and the right to any further notice, you may be stuck with the result.... especially if you signed off of the divorce decree at the same time.  The courts presume that you understood any agreements or waivers.  You can take him back to court to modify the decree and the name of the child. However, your success will depend, in part, on the type of waiver that you signed and the facts of your case.  If your daughter is older, you could make an argument that the name change would be disruptive to her life.  You really need to take all of your paperwork to a family law attorney and let them review it so see how much notice you waived and what exactly you agreed to.  They can give you a better assessment after seeing the actual documents.  Many will do a free or inexpensive consultation.  This is a good way to get a feel of the judges in your area and to decide whether or not you're willing to spend more money on the modification.   


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption