Legal Question in Family Law in Texas

My daughter is to be 17 next month. She has not applied for her drivers license because she wants her name changed to reflect that of my husband, her step-father. Her biological father has not surfaced in over 3 years. That was a brief visit, and it was one of 2 times he has seen her in 15 years. We do not have any of his information. Should we apply for a name change, an adoption? We arent sure since both require the consent of a person we dont know anything about presently. I had to obtain a divorce through a strange process of notification in a news paper 15 years ago under these same circumstances (unknown location). My daughter is detimined to have this done and she needs to get her license soon plus she will be applying for colleges..... I thought that 17 was the age of majority, I now know it is 18. Any suggestions?

Asked on 11/01/09, 3:22 am

Mark Dunn Mark D. Dunn

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There are two ways to do this:

1. Petition the court to change her last name. It's covered in chapter 45 of the Family Code.

2. File a petition for termination of the father's parental rights and adoption by your husband. This is more elaborate, and more expensive.

Answered on 11/06/09, 6:23 pm

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