How can I change my children’sast names to my married name?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I change my children’sast names to my married name?

My ex-husband and I divorced 4 years ago. Since then, he has been in and out of my 3 children’s lives. In fact for the last 15 months, he has been completely out. He does not have any contact with them whatsoever, any involvement with school, medical, etc. He has also gotten in trouble for drugs and is on probation, does not have a stable home and absolutely refuses to pay child support but he will not terminate his parental rights. I remarried 3 years ago and I would really like to change my children’s last name to my married last name so that they have the same name as me. Do I need their biological father’s permission to do this? And do I need to go through a lawyer or court? How would I do this?

Asked on January 26, 2013 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ordinarily when one wishes to change his or her name or the name of a child, a lawyer is retained to file a petition with the court seeking what is desired. The court then orders that service of the motion be served upon all interested parties and that the petition be published in a newspaper once a week for a month.

The court then sets a hearing date later for anyone who objects to the name change to say their peace. The biological father ordinarily needs to agree to the request which is decreed by a court order.


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