Full question:
I would like to legally change my 14 yr old and 10 yr olds last name to my current married name. Their father has not been in their lives for the last 5 yrs at all and has been in their lives sporadically since they've been born. He's been more absent in their lives than he's been there. He's never paid a dime of child support and when our divorce was final he was granted supervised visitation through the SAFE PROGRAM, he hasn't contacted them to see his children. Both of my children love my husban that I'm married to now and would like to change their names to his last name. I'd like this to be done and would like to know if I have a chance?
- Category: Name Change
- Date:
- State: Texas
Answer:
A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides. 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.
