Legal Question in Family Law in Texas

Minor Children Desire Re-Married Surname

My divorce was finalized in 1997 in Texas. I had 3 minor children of which the court granted me full custody as the courts did not see him fit as a father. My ex is not allowed to be near them without an approved visitation supervisor and has never been granted over night stays. Though he is consistent with child support, he has not seen the children or made an effort to exercise his visitation rights. He�s refused the court ordered therapy and support groups which would have enabled the court to consider changing custody. I have recently been remarried and now have 2 minor children ages 13&16. It is their wish to have their last names changed. We know there are several ways of solving this. One, legal adoption by step-father without biological father relinquishing parental rights, the second the same but relinquishing parental rights, and third, simply change the last names legally which would not provide step-father with any legal rights. Can you confirm? As he has been found unfit, should anything happen to me, I do not want to chance my children being in his possession because of possession laws with biological parent. My current husband has been involved emotionally and financially in the rearing of these children.


Asked on 7/15/03, 11:05 am

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Minor Children Desire Re-Married Surname

A termination of parental rights with step parent adoption seems indicated. Termination of parental rights also terminates obligations to pay child support and carry insurance on the children. If it is not an agreed termination, it is difficult and expensive and might very well not be granted. You can find information about adoption at my website.

http://www.reasonable-doubt.com

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Answered on 7/15/03, 1:00 pm


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