Full question:
My son is 14 years old and is a second generation, named after his father. In the past year my son has decided that he has wanted to severe all ties with his father. He has refused to visit, speak on the phone, or make any contact with him due to his excessive verbal abuse and past physical abuse. In addition to this, my son is begging me to help him change his name. He feels his name gives him a negative association. His father is a 5 time convicted felon with a documented drug habit. He has been convicted of falsifying his identity and forgery/fraud. I also know that he has attempted or has future plans to use my sons information in an unauthorized way. A few months ago the registar at my son's school notified me that his father had come there and asked for a copy of his social security card, and since he is listed on the birth certificate she gave it to him. My question is, is it possible for me to file for a name change for my son. I know his father will not consent, however, I am wondering if there is a way to file without his signature and at the hearing give the judge all of this information and allow him/her to decided whether to grant the name change or not. Or it is simply not going to happen without his fathers consent. If it is matters, he is currently paying child support however he is 6 years behind. I am even willing to sign a waiver and stop all support because my son does not want to have anything to do with him.
- Category: Name Change
- Date:
- State: Texas
Answer:
The answer will depend in part on whether the father's parental rights were terminated. If not, he will be required to be given notice of the petition and the opportunity to object. However, his past history may support a need for name change for the court in determining his best interests, which is the overall determining factor for the court, based on all the facts involved.
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.
