Legal Question in Family Law in Texas
Name Change
My grandson was given his mother's name at birth. She later filed a paternity/child support action against my son, who admitted paternity and agreed to pay support. He also asked the court to change the child's surname to his and his petition was granted. The birth certificate and SS account have been amended. Now the boy has started school and his mother, using the original and unamended birth certificate, has enrolled him under her maiden name and asked the school to refer to him by her husband's name. My son has contacted the school and provided the court order, BC, etc. They have agreed to change the records, but will not insist that the boy not use the stepfather's name on a day-to-day basis. In addition, the child's mother states that she has retained an attorney to file a petition asking that the boy's legal surname be changed to that of the stepfather. Is there anything we can do to prevent this? My son pays child support and has visitation. Is the court required to notify the natural father of any attempt to legally change his child's name? This is not a petition to adopt, as the boy's mother knows that is not possible.
1 Answer from Attorneys
Re: Name Change
The Family Code does provide that the natural father
is to be notified of a petition for a name change. In
theory, once notified your son could object. The Court
could only legally change the child's name if they
found it was in the best interests of the child, not an
easy task for a name change.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
