Changing my son's last name.

Jenifer - posted on 10/12/2015 ( 4 moms have responded )

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I gave my son his father's last name, he did not sign his birth certificate , nor is his name on it. He is however ordered to pay child support , but only made 1 payment. My son is almost 10 & he wants my last name , as well as my husband's. I live in Texas, so do I have to get a lawyer ?

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♫ Shawnn ♪♫♫ - posted on 10/13/2015

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In the US, a name change does not require a lawyer, but it DOES require a court process. He will be able to enter an objection as well.

You'd be better off to pursue his contempt of court rather than the petty name change deal.

Raye - posted on 10/13/2015

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You don't need a lawyer if you can get the father to agree to the name change. It doesn't matter if the father's name is on the BC or not (he should be on there since you do know who the father is). He's ordered to pay support, so the courts recognize him as the father and he gets a say-so in the matter.

Dove - posted on 10/13/2015

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His birth certificate is a legal document. If you are going to change your child's legal name... you need to go to court to do so.

Jodi - posted on 10/13/2015

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If paternity has been established (which I assume it has if there is a child support order), then you need his permission.

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