Legal Question in Family Law in Texas
X-Wife uses stepfathers name for child in school...Illegal?
My x-wife has enrolled my daughter in school and all other activities in the city where they live under the name of her stepfather. This has been going on for many years and when I see my daughter, she is confused as to what her name is. As I live in a different state, it is difficult to do much. I wrote a letter to one school & her mother pulled our daughter out of that school & enrolled her in a different one. Is this legal? Don't schools require a birth certificate? Is this child abuse? Could her mother be held criminally liable? What is a father to do?
1 Answer from Attorneys
Re: X-Wife uses stepfathers name for child in school...Illegal?
Working backwards, I don't think you can make a case for child abuse or criminal liability. (Unless mom has altered the birth certificate or legal documents).
I can also see how it must upset you for this to continue. The child is going to encounter problems and confusion as she gets older, and her legal name does not match the name she has had all of her life.
You already learned that approaching each individual organization is pointless, as the mom will just move the child to another place.
You can invest alot of money and effort and file a petition asking the court to enjoin the mom from continuing to use the wrong last name.
Outside of the downside of investing that money, you must ask yourself if this truly harms the child or harms you. The mom is using it as a power and/or control issue -- and if you take her to court, then is your motive the same?
What is the fallout for the child?
It is likely that you have a strong case to present to the court to right this wrong. You must decide if it is worth it financially, and if it will make your daughter's life better or worse.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
