Legal Question in Family Law in Texas
I am a mother of 3 who wants to change my children's first, middle and last names. Technically, they have a living biological father, however he has no active role in their life, and does not pay the child support he is ordered to pay. My first question is would a judge be more likely to support my petition to change their names in this scenario if the father does not show up to court, and I explain his activity in their lives. My second question is how long can a parent be absent before the guardian parent (me) can take action against them requesting a court consider a forced relinquishment of rights? Basically I would like to be able to make all legal decisions for my children without hunting down their dead beat dad for things that should ethically be solely up to me. Ethically in my opinion anyways being that I am the sole provider.
1 Answer from Attorneys
If you file a petition to change their names, and he is served, and he does not appear, then you are enttitled to a default judgment.
Without a stepparent to step in to assume responsibility for your children, it is not likely that a court will terminate the bio dad's rights. However, under your circumstances, if proven, you could probably obtain sole conservatorship of the children.
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