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How can I change my minor children's last name to my last name?

San Antonio, TX |

I have been divorced from my ex husband going on three years. We had three children together.For about two years my ex has been in and out of the children's lives. For about a year now he has not seen, or had any contact with the children. He is involved with drugs, in trouble with the IRS, and does not pay his child support. I am building a case against him to terminate his parental rights altogether,but in the meantime I want to change the children's last names to mine instead of his. I have tried to contact him, but I can never get a hold of him. I am not even sure where he lives anymore. I have done alot of research on the subject, and know some steps I can take. I just want to throw it out there, and get an opinion. Thank you.

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Attorney answers 2


Your exhusband must be given notice of any suit to change the names of his children. That notice should be the same as in any other lawsuit. I suggest you contact an attorney to help you do this. Attorneys often have ways to locate people that don't come to mind ordinarily.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.


Thank you for your question. I hope that you have a law firm helping you with the termination of parental rights, which, should also be helping you with the name change. Legal matters are complicated and should be handles by professionals. Good luck and God bless you.