Legal Question in Family Law in Texas

Name change of child

My son in 10. My ex and I were in the process of a divorce before he was born. I named him without his consent because he wasn't present. My son's last name is my maiden name hyphenated with his father's last name. The judge ordered this to be changed to just his father's last name at the time of our divorce. I have sent the paperwork, but my ex has never signed and returned it. That was 9 years ago, and now my ex is in prison. My son has dropped his father's last name at school on his own, but his legal name is still the original. I'm sure my ex would not consent to changing it to what my son wants. At what age can my son decide? Does the fact that he refused to fill out paperwork mean anything? If we went to court, is there any chance my son's name can be changed to what he wants it to be? My ex does pay support (at least when he's not in jail), but he seldom ever sees him. I have sole custody, and he has supervised visits because of his drug and alcohol problems. I am also remarried, but am not asking for my husband to adopt my son.


Asked on 4/19/05, 10:38 am

1 Answer from Attorneys
Chris Dorbandt Chris Dorbandt & Associates

Re: Name change of child

Given the facts you presented, a name change for a minor should be presented to the court. You could give notice to your former husband at TDCJ; he could object, but it would seem to me that the court would overrule the objection and change the name as request. Basically, you just want to show the court that you've given your former husband notice - the judge won't care that he objects.

Read more
Answered on 4/19/05, 3:17 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas