How to I change my minor children’s last name from my ex-husband’s to mine, possibly have my ex-husband’s parental rights terminated?

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How to I change my minor children’s last name from my ex-husband’s to mine, possibly have my ex-husband’s parental rights terminated?

I have been divorced for 2 years and my ex-husband has rarely seen the children at all. He never calls them and as of the last 5 months has not seen them at all. He does not personally pay child support, but prior to our marriage we were together nine years. He sold his social security card to an illegal alien. The illegal is using my ex’s identity and the attorney general takes child support from that person thinking it’s my ex-husband. I have contacted the attorney general numerous times with noone taking me seriously. My ex is not a good person. What can I do?

Asked on August 28, 2012 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you want to change the surname of your children, I suggest that you consult with a family law attorney about the need to do so where a petition is filed and served upon your former husband where there is also required publication of the desired change of last name.

Your "ex" can then file an opposition to the request and the court then makes a decision as to such. You cannot terminate your "ex" parental rights. The only way for that to happen is for another person to adopt your children where the "ex" gives up his rights as a parent.

As to the child support issues, I suggest that you consult with a family law attorney to assist you on this matter where the social security number is resolved. Perhaps contacting your county's district attorney's office would assist on this issue?


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