name change for a minor child (Howe: credit, felony, attorney)

[ksanchez]

My daughter is now 12 yrs old. She has wanted to hyphenate her last name to include her step-father's name for the last 5 yrs. Her father does have court ordered child supprt and visitation. He does pay regulary but he hardley sees her or includes her with his new wife and kids. He does not want her to do a name change until she's 18. Is she old enough to decide herself legally? And if so does the court usually side with a child that is old enough to say?

[ShaneSA]

You need to get an attorney for that one. There are too many complications to leave it to ametuers.

[SAFD_Wife]

Like ShaneSA said you should consult an attorney. My only experience with the issue is helping my cousin change her daughter's last name to that of her husband. We learned that until either the biological father agrees to change her name or she turns of legal age, her name can't be changed. Maybe there is a loophole that will be different in your situation.

[wCat]

I was looking for a "legal" forum, but I didn't see one. Did I over look it?

[sinsativ]

Just a curious question, when and if, she plans on getting married, what will she do then? If she is 12 now, and her name is Anne Marie Jones-Smith, and she marries a young man named Johnson, how will that play out? Anne Marie Jones-Smith-Johnson, or drop both and just Anne Marie Johnson ? Just food for thought. Might ask her reasoning behind this. She doing it to get back at her father, or because of? If she cares so much for her stepfather, then having her name hyphenated to partially his isn't going to change her DNA, Any male can be a Father, but it takes a real man to be a Daddy. I commend your current husband if he has filled the shoes to where the young lady feels loved so much that she wants to be considered his biological daughter, but the name aint gonna really do nuttin, but **** her Father off. I'm from both sides of the fence, and I can give you lots of words of experience, this sounds like its about more than just a hyphen.

[loveheart]

my daughter is 12 yrs old , its hard on my part to say she just found out the man whom shes called dad is not her biological father but she carries his last name. will i be able to just change her last name to mine? please dont judge its a complicating story just trying to fix what i broke and thats her heart . its a start.

[Pops and Sweets]

You will definitely need an attorney to legally change her name. The Social Security Adminstration will honor a name change only if there is original or ceritified legal documentation of a name change. In the future, when she get's a Texas ID or Drivers License, DPS will use SSA's records to have her legally documented name posted on the card.

[elnina]

Not that complicated at all. Please read the info, file out the form, get your documents together and go with it all to the court house. No need to spend extra money on attorney.
Here is some information:
Texas Petition for Change of Name of Minor - Free Legal Form
Texas Vital Statistics – Amendments Frequently Asked Questions
Texas Name Change for a Minor
Texas Legal Name Change Forms - Do It Yourself or We'll Prepare them for You - 100% Guaranteed. and Texas Name Change Requirements
Good luck

[Pops and Sweets]

Originally Posted by elnina

No need to spend extra money on attorney.

That's great info Elnina.

However, the OP originally stated that the father would not consent to a name change.

And according to Vital Stats:


How do I remove the father's name and information from a birth certificate?
This requires a certified copy of a court order indicating that:

• The man currently listed as the father on the birth certificate is not the biological father, or
• The father's rights have been terminated, and his name is to be removed from the birth certificate. In this case, the Application for a New Birth Certificate Based on Parentage can be signed in the presence of a notary public by either the mother or by the man whose name is being removed from the birth certificate.

Thus I predict that the OP may have to get legal representation.

[elnina]

Originally Posted by Pops and Sweets

That's great info Elnina.

However, the OP originally stated that the father would not consent to a name change.

And according to Vital Stats:


How do I remove the father's name and information from a birth certificate?


This requires a certified copy of a court order indicating that:

• The man currently listed as the father on the birth certificate is not the biological father, or
• The father's rights have been terminated, and his name is to be removed from the birth certificate. In this case, the Application for a New Birth Certificate Based on Parentage can be signed in the presence of a notary public by either the mother or by the man whose name is being removed from the birth certificate.

Thus I predict that the OP may have to get legal representation.

I don't think that OP daughter wants to REMOVE the father's name from a birth certificate. All she wants is to ADD her father name to her existing last name.
Here are the requirements:
Requirements to File for a Change of Name for a Minor in Texas


Texas law requires certain things before you can file for a name change (for a minor) and/or during the name change process in Texas. These requirements include:

• Name change actions for a minor are filed in the District Court within the county where the minor presently resides. There is no residency timeframe which must be met.
• The minor must not have been convicted of any crime, felony and/or misdemeanor.
• The minor must not be currently under indictment for a crime, felony and/or misdemeanor.
• You must not be requesting the name change (for a minor) to avoid creditors.
• The minor must not be involved in a bankruptcy proceeding.
• The child must be a minor, 17 years of age or younger.

However before going to a lawyer, I would simply go to the Court House and ask. That cost nothing, and OP will get all the information needed.