Legal Question in Family Law in Texas
I am trying to change my sons name to my soon to be husband. His biological father is in prison for domestic violence. I am in the process of filing the petition but my lawyer is afraid the judge will dress him down in court as I am not married to fiance yet. The biological father will be getting out in April 2011, he has been in there for 2 years. My son does not remember him and the judge has temporarily taken his rights away. He has to take classes which they offer in prison and he has chosen not to take them. I want to do this when he is still young and can acclimate to his new name. He will start school next year so I would like to be able to enroll him with his new name. I need some advice please and maybe some direction from a judge.
1 Answer from Attorneys
Your attorney is right. It's silly to change the kid's name to that of a legal stranger, which is what your fiance is. You need to get married, get your new husband to agree to adopt your child, and then either get his biological father to voluntarily relinquish his rights or try to get them terminated.
Your heart is in the right place, but the law is not with you on this one.
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