Legal Question in Family Law in Texas

Legal name change of minor children

I would like to change the legal last name of 2 of my children to the last name of my common law husbands(9 years). My X has parental rights to the oldest child yet he has choosen not to see him since 1993 and has failed to pay child support since 1989. I have had no contact with him and have no idea where he is living. The other child has my madien last name and no biological father listed on B.C.. Can I do this? My husband is the only father these children know and they have 2 other siblings with their dad's name. I have heard several different takes on this matter and I really would like a legal specialist opinion on it. I am a very busy mom of 4 and keep the same hours as most attorneys in my area that makes it very difficult for me to get in to talk this over with one. Any advise would be greatly appreciated!

P.S. The school district is also pushing the issue.....The legal name of my oldest is Butt, not a name he wants to use or has ever used. He has been using my madien name ever since kindergarten without a problem. I feel that if I dont change it soon, his legal name will hurt him in more ways than 1 way! So Im in dire need of HELP! Thanks!


Asked on 10/01/99, 12:25 am

1 Answer from Attorneys
Donald Teller Law Office of Donald E. Teller, Jr., P.C.

Re: Legal name change of minor children

The two avenues are to have CL H adopt or do a name change.

Either will require an attempt to serve biological dad, so

you may want to pursue the termination and adoption. The

process can be complicated. Another option is for the oldest

to request a name change once he is an adult (18), a far

easier process. Hope this helps.

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Answered on 10/05/99, 2:02 pm


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