Legal Question in Family Law in Texas
My name is mike Strickland. I was calling because I legal advice concerning the filing of a petition to get my step-daughters last name changed. The biological father hasn�t tried to make contact with my wife or the children in almost five years. He�s a repeated drug offender so she decided to split with him, which was fine on his end of things. In those five years, my wife has only received child support from him twice because the government took the money out of his paychecks. With that said, is it true that he has to sign the petition, even if he has no involvement? Does he sign under co-petitioner? Am I required to sign the petition?
1 Answer from Attorneys
If you want to change a minor's name, it is easy if both parents agree. If they don't, then there will be a hearing. The father needs to be served with the legal paperwork.
Please hire an attorney to assist you in this matter because it is a complex matter to change a minor's name.
It does not matter if he is a drug offender or a total dead-beat, that is the law in the State of Texas.
You are not a parent, so you are not involved.
The parent who is the managing conservator is the one that signs the Petition asking for the name change. If the father will agree, then he signs a Waiver of Service or signs the Order asking for the Name change.
If you don't have an attorney, PLEASE hire one. It does not look like you have an attorney from the questions that you are asking.
Please don't use those forms sold on the internet or t.v. - they are junk! They are sold by companies outside the State of Texas -- they are not designed for the State of Texas -- and good luck getting your money back -- listen carefully to the wording -- the clerks of the court HAVE to accept the forms that are submitted to them -- the clerks are not attorneys and do not practice law -- but the ads do not say that the judges sign the FINAL ORDERS!! (In fact, the clerks are required to accept blank paper if it is submitted to them!)
FYI: You might want to wait until she is over the age of 18, then an adult name change for her is easy if she has no juvenile or adult criminal record.