Legal Question in Family Law in Texas
''change name''
I'm remarried. I have children from the first marriage. No child support and visitation since 48 months ago from biological father. I'm the sole managing conservator. My present husband is reluctant to adopt the children but says he wants to give his last name to the children. Is this possible?. Also, it is possible to terminate parental rights without my present husband adopting?. The reason that i want to terminate biological father rights is because we don't know werte he is, he hasnt show interest in the children. He has been inn prison in the past and has used drugs. In othe words he is a violent man. My children are fatherless. If i died, i don't want the children to go with an stranger who has't seen them for four years. But, what will be the right thing to do. How much an attorney cost in the hidalgo county for terminate parental rights without adopting and changing last name?
Thank you.
1 Answer from Attorneys
Re: ''change name''
Changing the name of the children can be accomplished at the same time the rights of the bio father are terminated. All of the reasons stated in your question are sufficient for termination. They do not need to be adopted by your present husband, but you can change their name to his if you want to.
You can also at the same time in the same documents make provision for you present husband to have the rights of a managing conservator and make a will to have the children left in his care if you should die.
My fee would be as follows:
relinquishment, name change and revise managing conservator
$1,495
simple will 100
plus court costs and expenses (approx.) $ 450
these are high because you say you don't know where your ex-husband is, and he must be served with these documents. If he can't be found, he must receive notice in the newpaper and that is expensive. Maybe you know someone who might know where he could be found.
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