Is there any way to change my daughter’s last name without the consent of her biological father?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there any way to change my daughter’s last name without the consent of her biological father?
My husband and I want my 5 year old daughter to have his last name. She currently has my maiden name. However her biological dad who never sees her but he does pay child support will not agree to letting my husband adopt her. I also don’t think he would agree to a name change.
Asked on January 22, 2016 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the biological father won't agree... then getting her name changed will be very difficult, but not impossible. You can file the petition to change her name and if he fails to file an answer to the name change, then the judge may approve the name change. If the biological father files and answer and will not agree at court, then the judge will most likely deny the request for the name change.
Keep in mind, that once you file something, you are potentially opening a 'can of worms.' If you don't want him involved in your daughter's life and he has historically limited his involvement... then by filing something, you risk the judge telling you 'make sure dad sees daughter.' Not all judges will encourage contact... but some will. Before you file, know more about the judge or judges before you file any petitions.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.