Can I change my child's last name once I get married?
You will need to file a Petition for Name change.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
You have not provided enough information, but the legal procedure for a change of a minor's name is found in Texas Family Code Chapter 45. If you are marrying your child's father, then it probably greatly simplifies the name change, but the father can agree to the name change or oppose it once a sworn petition is filed and served to him or he executes a waiver of service. Consult family law counsel in person for the best answer. The best interests of your child is the guiding law. Your child's age is relevant.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
The name change process begins by filing a Petition for Name Change in the County where the child lives. If the child is 10 years of age or older, then he/she will need to provide written consent that must be attached to the Petition. If you are not marrying the child's biological father and the father's parental rights have not been terminated by a Court, then the father must be served with citation unless he signs and files a Waiver of Citation. You should consult a family law attorney that can advise you on this matter.
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