Legal Question in Family Law in Texas

child custody / name change of a minor

I have a step child in which my wife has custody. We have been married for 8 years and we have 3 additional children. My oldest has a different last name and I am looking to change it to my last name. Her biological dad pays child support and has visitation rights. He does not visit. I do not think he will give his parental rights away, but is there a way to change her last name leagally to mine without going before a judge. It has been almost 4 years since he has seen her and he is still behind on his child support payments. At what age can the minor child select which parent to live with and will that help with changing her last name. The minor in question is almost 11 years old


Asked on 4/26/08, 4:09 pm

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: child custody / name change of a minor

A child may indicate her "preference" for the parent she wishes to live with when she is 12, but her choice is not binding on the Judge nor does it have anything to do with changing her name. There is no way to legally change anyone's name without going before a Judge.

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Answered on 4/26/08, 5:36 pm


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