Is there any way to change my daughter’s last name without the consent of her biological father?

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Is there any way to change my daughter’s last name without the consent of her biological father?

My husband and I want my 5 year old daughter to have his last name. She currently has my maiden name. However her biological dad who never sees her but he does pay child support will not agree to letting my husband adopt her. I also don’t think he would agree to a name change.

Asked on January 22, 2016 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

If the biological father won't agree... then getting her name changed will be very difficult, but not impossible.  You can file the petition to change her name and if he fails to file an answer to the name change, then the judge may approve the name change.  If the biological father files and answer and will not agree at court, then the judge will most likely deny the request for the name change.
Keep in mind, that once you file something, you are potentially opening a 'can of worms.'  If you don't want him involved in your daughter's life and he has historically limited his involvement... then by filing something, you risk the judge telling you 'make sure dad sees daughter.'  Not all judges will encourage contact... but some will.  Before you file, know more about the judge or judges before you file any petitions. 


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