Can I change my daughter’s last name without the consent of her biological father?

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Can I change my daughter’s last name without the consent of her biological father?

Her father once told me that he wanted her out of his life. He has visiting rights to come see her but he has no interest in her so he has never came to see her.

Asked on October 13, 2010 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, this is possible.  A minor child's name change may be granted by a court in such a situation.  However, if the child has another parent whose rights have not been terminated, then that parent is entitled to legal notice of the proposed name change and may object to it. The court will then make its determination.  For the name change to be granted, the court will need to find that the proposed change is in the best interests of the child.


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