Full question:
My step son wants to change his surname to mine, his father has never supported him and has rarely contacted him, but still refuses to relinquish his rights. I have been there for him for over ten years. Can my wife and I change his name to our name?
- Category: Name Change
- Date:
- State: Texas
Answer:
The court must find that the name change is for the benefit of or in the interests of the minor. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. The other parent will be notified and given an opportunity to object to the name change. The court must believe you are not asking to change the minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, you must provide evidence that shows the judge that the requested name change is in the child’s best interests.
To determine whether a name change is in a child’s best interests, the court examines several factors, including, among others, the length of time that the child has used his or her current name; the child’s identification as part of a family unit; the potential anxiety, embarrassment, or discomfort that the child might experience if the child has a surname different from that of the custodial parent; and, if the child is old enough to express it, the child’s preference.
See the link below for a Name Change Package for a minor in the state of Texas. This package contains
(1) State Specific Information on Change of Name,
(2) Steps to Change the Minor’s Name,
(3) Forms Required and
(4) Access to State Specific Law Summary.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
