Legal Question in Family Law in Texas
Rights of a Father.
My son and I have been on our own for eighteen months, since he was born. His father hasn't paid any child support even though we've had an order since August 2008. I was just wondering if there was any way I could change his last name without his father's signature, and if there was some way of getting his rights sort of revoked. Also, is there any way I could get sole custody of my son without visitation rights if his father isn't willing to give up his parental rights?
2 Answers from Attorneys
Re: Rights of a Father.
To do what you are asking, we would have to file in court to modify the last order entered. Always knowing that your ex has to be notified.
Re: Rights of a Father.
Sounds like you need to do an enforcement and get that Dad to pay what he owes. You can talk to a private family law attorney or go to the AG about that unpaid support.
It will take a lawsuit to change the child's name and the father will have to be notified and consent or you will have to prove to the Court why the child's name needs to be changed.
Without knowing what rights it is you want to limit there is no way to know if it's likely or not. No Court is going to allow the father to "give up his rights" unless there is someone who wants to adopt your child and take over the father's rights and obligations.
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