Legal Question in Family Law in Texas

fathers fight for school and ex to use legal name for son

My son is 11. His mom and I were married when he was born and she included her maiden name in as a 2nd middle name, so he has first, middle, middle (her maiden), last name (same as mine). When he was first inrolled in school she dropped my last name and inrolled him under her last name which was his second middle name so no one thought anything about it, until I went to the school with his birth certificate. They told her they were required to use his legal last name in school. She wrote wrong last name on form. Did she break any laws? Did the school? He is in a different school now, and they have done it again! Other than this pissing me off, my son gets very upset about it now because his mom is remarried and he does not get called by my name, or what his mom's and new little brothers, or anyone. He is very emotionally disturbed about this now and begins to cry when his name is discussed. I have been very passive until it upset my son. Ex will continue if there is no consequenses again. The school should not have been teaching my son a different name than what it is. Why does the law allow us fathers to be done this way? Now I'm fighting for my son's well being!


Asked on 10/27/00, 2:02 pm

1 Answer from Attorneys
John Pfister, Jr. Pfister & Associates

Re: fathers fight for school and ex to use legal name for son

I would once again contact the child's school and get them to correct the child's name on their records.

To prevent this from happening in the future, you may need to go back to the court of continuing jurisdiction over your child (the one that granted your divorce unless the child has changed counties) and ask the court to order your ex to use his legal last name and not tell your son that he has a different last name. The court will look dimly on your ex's actions and should grant your request. If your son is over the age of 10 and wants to live with you, then another solution is to request primary custody of your child.

Good Luck

John Pfiser

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Answered on 11/16/00, 12:54 am


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