Legal Question in Family Law in Texas

Re: change name on birth certificate

You may file a petition to change the child's name in the county where the child resides, but any parent of the child must be served with citation. That is true even if you were never married, he lives in another state, and he does not pay child support. If you truly do not know where the father is then you can obtain other forms of service, but you will have to swear to that fact.

If the father does not answer, then you may have the name changed if the court feels that it is in the best interest of the child. that should be no problem given the facts that you presented.

A word of warning since you seem content to have the father gone, this might get the father interested in the child. Also, the question arises as to why you do not want to father to support his child. Remember, child support is for the benefit of the child and not you. Every parent (father OR mother) should support his or her children unless there are unusual facts.