QUESTION
In Texas, can child's name be changed without consent from father, who signed the birth certificate, if absent for a certain period of time?
Asked on Apr 25th, 2020 on Child Custody - Texas
More details to this question:
I'm the custodial parent of a 9 month old. Recently the father has chosen to be absent from our child's life. When I ended my relationship with the father and tried co parenting the father stopped communicating with me. Apparently, if the father isn't in a relationship with me the father won't be present in our child's life. The father has never gone very long without seeing our child. I recently filed for child support and am waiting on my case to be processed. The father and I never married and remain unmarried.
1 ANSWER
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You should request in the suit that is pending for child support for your child's name to be changed. Most of the time the court will not remove the father's last name as the child's last name. If you try to bring a separate suit to change the child's name, you have to serve the father of the child with the suit to change the name. If he doesn't want it changed, he will likely participate and object to the name change in that suit. If the father just fails to take care of business with the court, then you may succeed in getting the name changed by default. Nine months is a very short time in which to determine that a parent has dropped out forever. He may step up to the plate either now or when the child is older. That is not discouraged by the family courts though it is not optimal for you or your child.
Answered on May 01st, 2020 at 1:34 PM