Legal Question in Family Law in Texas

My pregnant 18 year old daughter is living with us (her parents) and will continue to do so until she finishes college. She is still with the baby's father and say they plan to get married sometime in the future (after they both get their degrees). My question is about the baby's last name. She wants the baby to have her last name, but the father is adamant that the baby have his last name. I have researched the fact that the hospital will look to the mother not the father to determine the baby's last name. But does the father (he will be on the birth certificate) have any legal right to petition the court to force a name change in the state of Texas? What are the mom's rights concerning the baby's last name?


Asked on 5/15/15, 5:18 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

The father does have the right to petition the court for a name change. Petitioning and getting are two different things. He would have to explain to the court how it is in the child's best interest to have his last name.

If I were the mother, I would argue (a) that it is in the child's best interest to have the last name of the person with whom the child lives (mother); and (b) that if and when the parents get married, the child will end up with the father's name (most likely).

Read more
Answered on 5/26/15, 1:41 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas