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Change child's last name twice?
We live in Texas and I am not the biological father, but I am with the mother.
I "believe" we need to get written permission from the biological father to change the child's last name, right?
Assuming he gives us permission to change her last name to that of the mother's maiden name......do we need to get permission from the biological father a "second" time when we get married to change her last name to match mine?
This is going to come off jerky, but only because you didn't really answer what I asked and like many others always go for the assumption of "you're not the father".
@Jazmin
He has 3 kids with 3 different women...that we know of. He's never seen any of his kids. He's offered, early in our relationship, to sign over full custody to avoid child support, but we didn't accept because we had only been dating a few months at the time and had no way of knowing if we'd make it long-term. If things didn't work out between us she'd be left with zero support. So, to answer your question....yes, if I was in his shoes with his mindset I would give the ok for that. But, my main question is still avoided....do we need to request permission a second time? I'm looking for real answers, not opinions.
@Guess Who
I am somebody to the child. I raised her these last 6years. I'm sorry if this brings up bad personal family issues for yourself, but I
@Guess Who
I am somebody to the child. I raised her these last 6years. I'm sorry if this brings up bad personal family issues for yourself, but I didn't ask.
It's obvious the biological father has parental rights. That's a given and wasn't asked.
I was already pretty confident that we needed to get the biological father's permission to change the last name, that wasn't really the main question if you read the subject line. My question was if we need to get permission to change the name a second time. Again, looking for real answers, not dances around the main question.
I know it sounds like a jerky response, but you guys are avoiding the main question.
@Katherine
Thank you for a better formed answer. Waiting until we get married is likely what we will do, but we were curious about the two times change.
But, it seems everyone is wrong according to this link.
http://info.legalzoom.com/fathers-rights-childs-la...
Technically, we don't "need" the biological father's permission to change the surname....we just need to notify them. They can object and appear in court to give their reasoning. Seeing how he's never seen or talked to his daughter in the entire 8yrs of her life....it seems like we have a better chance at having the judge side with us if he tries to object.
Court’s Decision
The standards for permitting a child’s name change vary from state to state, but most judges will want to know that your child will benefit in some way from the new name. This puts the burden of proof on your child’s mother to show the court how a different surname will improve your child’s life. If you’ve
Court’s Decision
The standards for permitting a child’s name change vary from state to state, but most judges will want to know that your child will benefit in some way from the new name. This puts the burden of proof on your child’s mother to show the court how a different surname will improve your child’s life. If you’ve always been actively involved with your child and you have a close relationship with him, this may be difficult for his mother to prove. If you’ve rarely had contact with him and she wants to change his name to match her name, especially if she’s married or remarried, you might have a harder time getting a judge to side with you. If your child is old enough, judges in some states will consider his opinion.
@Marcus
TECHNICALLY "I" can do stuff LEGALLY. The mom has repeatedly told me that she wants to do whatever "I" want to do even though I have told her it's ultimatey "her" decision. Her response to me is that she will make sure my decision carries weight LEGALLY. You can speak "legally" all you want, but "technically" will over rule it.
We already had plans to speak to a lawyer the day I posted the question. So, what? I'm not allowed to ask questions or seek answers online so I can ensure I cover every angle with the lawyer? You may wiilling to "wing" it when it involves your kids, but I don't take that chance. And, "yes", TECHNICALLY she's "my" kid.
In the end it doesn't matter. After speaking with the lawyer I contacted the bio-father on behalf of my g/f and told him what we wanted and would do. "Our" kid is not the only one he has nor that he has never seen. He did his whole "big bad wolf" routine as I suspected, but that lasted for a day. Ultimately, this morning he's agreed to sign-off his visitation rights, agreed to allowing name change upon our marriage, and will continue to pay his current child support if we agreed not to request a review of his salary which would increase his child support not just to us, but to the other kids he's paying child support for as well whose mothers we would contact and inform.
TECHNICALLY, a father's rights mean NOTHING when the child means little to them as they will easily throw in the towl at any resistance. Apparently it doesn't matter the anyone if he's a dirt-bag who never calls or sees his kids or pays child support unless forced by t
forced by the state. All that matters to everyone is that he's the bio-father and what's LEGAL. Well, everyone I did was LEGAL. Game set and match! Alway a good feeling when you win on more than one level.
And for the record, before I threw the kitchen sink at him so to speak, my first offer was for him to sign over full custody and we would give him updates and pictures if he wanted until she was 18. His initial response was no because he "might" feel like seeing her one day. Sorry, but that's not good enough for "my" little girl. He should have taken the offer while it was on the table.
4 Answers
- KatherineLv 58 years ago
The child's name should not be changed twice. Wait until you are married and then if all parties agree petition your county court for Name Change of a minor child. The biological father (if there is established paternity) must agree or it can not be done. The only time you can change a child's name without the other parents consent is if one of the parents are deceased.
You can google "Name change of a minor in __________ county" to get more information.
- TiLv 78 years ago
You are "with" the mother, therefore, you are nobody to the child. There is no "we" in it when it comes to this child. The mother's boyfriends (or new husband) don't count.
The biological father has parental rights regardless of his lack of moral character.. The child's name cannot be changed without his permission, and that includes changing the name to match the new husband's last name.
- MarcusLv 78 years ago
LEGALLY you have absolutely nothing to do with he child therefore your are NOTHING to the child. Why the hell, IF that were possible, change the name twice? Sounds like some petty game you are trying to play.
IF you want real answers then pay for an Atty versed in such issues in HER area as again like it or not you are nothing in this.
SHE needs to go to court to petition for a name change then go from there but why change it two times unless of course those games come back into play here.
Of course you are someone to the child and I suspect a very important someone but LEGALLY you are nothing when it comes to legal issues or any other issues. You are simply a shack up with her mom.
- 8 years ago
I'm sorry to tell you this but I think the Father is not going to agree with this. I mean put your self in his shoes wold you give the ok for that?