Legal Question in Family Law in Texas

babies last name

My daughter is married but seperated and divorce is filed but not final due to the fact that she is pregnant with twins.She wants to give the twins her maiden name not the daddy's last name, she will show him as the father on the birth certificate.Can she do this and draw child support from him? Someone told me that in order for her to be able to file/draw child support the babies have to have the father's last name.Thanks for your help in this matter.


Asked on 7/27/04, 1:32 pm

1 Answer from Attorneys
Sharon Weisser

Re: babies last name

There is no requirement in Texas that a child have the same last name as its father in order to recieve child support. However, the father would have the right to petition the court to have the children's last name changed. The standard for granting or denying his petition would be the best interest of the child.

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Answered on 7/27/04, 2:15 pm


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