Legal Question in Family Law in Texas
I want to change my daughter's last name to match mine. Her father will not agree to this even though he has not seen her in over 2 years and does not care to. Is there any way I can change or at least add my last name to hers without his approval? He signed a rule 11 agreement that said he chose not to see her and gave my mom conservatorship over him. He is still required to pay child support, but doesn't and went to jail in December for non payment. Someone said something about posting it in the newspaper but I thought that was only if you did not know hwere the other parent was.
1 Answer from Attorneys
I don't know who you were talking to -- but it was obviously not a TX attorney.
Posting in a newspaper won't work. (This is a common belief by non lawyers -- but I don't know what people think it will accomplish -- other than wasting time & money.)
In the State of Texas you need a judge to sign paperwork to do a legal name change -- for an adult or a child.
It appears that you live in Harris County.
Your question is asked frequently by mom's that want to change their kid's names when the father's are absent in their children's lives.
I suggest that you retain the services of an experienced family law attorney that is familiar with the judge that is assigned to your case before you spend any money paying a filing fee.
Effective 1/1/2011 several new judges are on the benches in Harris County family courts and I don't know if these new judges will have new policies regarding changing kid's names. Therefore, you really need an attorney that practices a lot of family law so you are not wasting your money.
I'm not accepting new cases right now since my mom just died.
I suggest that you contact Patricia Bushman at 713-807-9405. I rent space in her office. Tell her that I referred you to her. She offers payment plans.
I don't think that you can do a name change of a child without an attorney. You need to notify the father of this legal proceeding & send him paperwork if he won't agree to it. You need to set it for a hearing in front of the judge. These proceedings are technical & are complex. I don't think non-lawyers can do figure this out easily.
Please don't waste your time and money purchasing a kit from a company over the internet or from t.v. These companies are out-of-state and they do NOT include the required Texas forms! Plus, the judges in Harris County, Texas hate them! They do NOT include the proper legal wording for the State of Texas! Lastly, their "guarantee" is worthless!