Legal Question in Family Law in Texas
Sir/Ma'am,
My step daughter is 11 years old and asked to change her last name to mine. I have looked on line and found that this is possible without adoption. Now her biological father has come back into her life after a 4 years absence and he states that he will not allow it, because he has spoken to several attorneys and they all tell him if she changes her last name he will lose all his rights (visitation). She does not even have his last name (she has her mothers maiden name Barber and biological father's last name is Rodriguez). Now this has scared her and has changed her mind. I just need to know is this ture, would he lose any of his right if her last name were to be change?
Thanking you in advance for your help in this matter.
Sincerely,
James J Dracopoulos
1 Answer from Attorneys
A court granted the visitation rights. Only a court can take them away. Changing the name might make it a bit more difficult to enforce those rights. However if the name change were filed in the same case as the case granting the visitation or if a copy were filed in that case and if the judgment granting the name change cited the judgment granting the visitation, there should be no problem.
I think the biological father is confusing changing the name with adoption. If you were to adopt your stepdaughter, which would require him to give up his parental rights, then he would lose his court ordered visitation rights. However, he would not have to pay child support.
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