How can I change my children’sast names to my married name?
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How can I change my children’sast names to my married name?
My ex-husband and I divorced 4 years ago. Since then, he has been in and out of my 3 children’s lives. In fact for the last 15 months, he has been completely out. He does not have any contact with them whatsoever, any involvement with school, medical, etc. He has also gotten in trouble for drugs and is on probation, does not have a stable home and absolutely refuses to pay child support but he will not terminate his parental rights. I remarried 3 years ago and I would really like to change my children’s last name to my married last name so that they have the same name as me. Do I need their biological father’s permission to do this? And do I need to go through a lawyer or court? How would I do this?
Asked on January 26, 2013 under Family Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Ordinarily when one wishes to change his or her name or the name of a child, a lawyer is retained to file a petition with the court seeking what is desired. The court then orders that service of the motion be served upon all interested parties and that the petition be published in a newspaper once a week for a month.
The court then sets a hearing date later for anyone who objects to the name change to say their peace. The biological father ordinarily needs to agree to the request which is decreed by a court order.
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