Legal Question in Family Law in Texas

I married a Filipina mother 5 years ago on U.S. Soil. We first pursued an annulment. Since, we have migrated her to the U.S. and last week she took her oath for citizenship. In the process, we pursued a release of her daughter legally to come to the U.S. in Mother's sole custodody and go to school. The maternal father signed this release for daughter to be in Mother's sold custody.

Daughter now wants our family name. Maternal father refuses to consent for name change or adoption either.

Can we change the 11 year old dauter's last name without maternal father's consent?

Maternal father has never supported or asked for visitation. Now that he has opportunity to "use" citizens for access to the U.S, he shows interest in talking with daughter but still no offer of support.


Asked on 10/08/10, 8:47 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

I assume you live in Harris County. I believe the Harris County judges would require the bio. father's permission to change an 11 yr. old child's name.

You can file a petition to change the kid's name but most judge's want the parents to agree to such a drastic measure.

However, effective January 2011 there might be some new judges on the bench so there might be some new policy changes.

If you want to consult with an experienced and excellent Harris county family law attorney then call Patricia Bushman at 713-807-9405.

Her prices are reasonable and she does not overcharge people.

I'm not taking any cases because my mom is ill. I rent space from Pat Bushman so call her.

Good luck!

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Answered on 10/13/10, 9:26 am


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