When parents divorce, it’s not uncommon for one parent to change their child’s last name. After all, most mothers return to their maiden name after a divorce—so why not change the child’s last name, too? While you may have your own reasons for doing this for your child after a divorce, it’s important to remember that you generally need the other parent’s consent.
Texas law states you must get a court order to legally change your child’s last name. Furthermore, you must almost always tell the other parent about your intentions and allow them to consent to the name change or contest in court.
Generally Speaking, You Need the Other Parent’s Consent for a Name Change
We say “generally speaking” because there are always extenuating circumstances. For instance, you would not need to inform or receive consent from the other parent if their parental rights have already been terminated. Even if you do attempt to let them know about your intentions, there is the possibility that the father’s approval isn’t possible or necessary for other reasons. For instance, they could have disappeared, are no longer in the child’s life, and cannot be located.
If those or any other extenuating factors are not in play, the mother can still request a name change for their child. However, the father’s rights and consent are generally essential to move forward.
You can file the request together if the other parent agrees to the name change.
If the other parent does not agree to the name change, you must have them served with legal notice of the case by a constable, sheriff, or private process server.
Where Do I File My Child’s Name Change?
Parents who wish to change their child’s last name must file a petition at the district clerk’s office in the county where the child lives. Each county’s rules are different, so please check with yours and inquire about specific documentation you may need to provide at the time of the request. Generally speaking, this can include the child’s birth certificate, proof of paternity, and any existing court orders regarding custody or visitation rights.
In all cases, the court’s primary concern is whether the name change is in the child’s best interest.
The court may consider the following factors with a name change request:
- The child’s preference (depending on their age)
- The reasons for the name change
- The existing relationship the child has with both parents
- The potential impact of the name change on the child
Understanding these steps to legal name change can help parents navigate this often emotional process with confidence and clarity. It is also a good idea to seek the advice of a competent and caring family law attorney.
Look for help from an experienced team like Christman |Daniell Attorneys.
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your own personal circumstances.
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