Legal Question in Family Law in Texas
I went yesterday to pick up my son from his day care and found out that his mom (my ex) changed his last name on his day care papers from my last name to hers, which happens to be her ex-husband's last name. Legally, his last name is the same as mine (it is in our custody orders). Can she do this without my consent? It hasn't always been like this, so she must have recently changed his paperwork at the day care center. What can I do?
1 Answer from Attorneys
Your best bet:
1. Write a letter to the daycare center (a PAPER letter, sent certified - the postage is about $5.50). Tell them that you are the child's father, and the child has your last name, and the child's name hasn't been changed. Tell them that you forbid them to call the child by any other name.
2. Mail a copy of the letter to your ex-wife.
3. Next time you're in court for a modification (trust me, you'll be back in court), ask for a modification of the order - to prohibit either party from calling the child by a different last name, or allowing others to call the child by a different last name.
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