Legal Question in Family Law in Texas

My brother married a girl 7 or 8 years ago. She has a child that may or may not have been legally adopted from her cousin. The girl is now 18 years old and has had a set of twins. They have put my brothers last name on the twins. The biological fathers rights have not been terminated. The 18 year old has lived off an on with them for several years. She has also changed her name two or three times (not legally, just choice). My question is legally can they give the twins my brothers last name (who is not blood related only step grandad), and where does that put my brother as far as being legally responsible?


Asked on 7/29/10, 3:45 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

It's nobody's business what she wants to call her twins. If she tries to claim some kind of legal advantage (inheritance rights, etc.), that's different.

Texas allows you to use any name you want (I can start introducing myself as "Zeke Zadfrack" beginning tomorrow morning) as long as you aren't trying to defraud people or evade creditors.

The names that someone gives her children does not affect your brother's legal responsibilities in any way.

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Answered on 8/04/10, 6:56 am


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