Legal Question in Family Law in Texas
family law, child name change
my son is 7. my fiancee and i have been together 6 years and we are getting married in april. my fiancee and i have 2 kids together. he also has 4 other kids before us. all the kids have the same last name expect my son. my son is upset about this. he only knows my fiancee as dad and all the kids are his brothers and sisters. my son's biological father does not come around or support him financially. child support is ordered but he pays about 14.60 every three months. my son knows of his biological father and calls him by his first name. my son calls my son to be husband dad and has called him that since the beginning. he even uses my husband's last name at school and the teacher has to always correct him. When I get married can I change my son's last name WITHOUT terminating the biological's right to pay child support? Or can the married name be added to my son's last name so he can legally go by that instead. please assist me as my son wants this more than i do. all the children have the same last name except my son and i will too in a few months. what can i do, where do i start? i can argue that it is in my son's best interest. thanks.
1 Answer from Attorneys
Re: family law, child name change
Your child already has a legal name. To change his name, you will have to inform the child's father and allow him an opportunity to object. If he objects, it would be very difficult to change the name. You don't have to terminate the parental rights, but the court will not allow you to change the name without informing the child's father through legal process. Good Luck.
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