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Change Name >> Change of Name for Adult or Minors >> Minor Name change in Texas
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| Discussion: Minor Name change in Texas | - |
| Joined 1 Jun 2022 5:57 am
1 post
8.5/10 Rating |
I am divorced and I have a five year old daughter from the marriage. My ex-husband does not see my daughter and has no intention of doing so. I am getting married in July and I already had plans to change my daughters last name at school to my new last name. (The guy I am with has been her daddy for over 3 years and she is very excited about having the same last name as he and I)
I was told that I could change her name at school as long it wasn't on any legal documents like say a passport or something. Well my ex wants to sign over all his rights since he isn't exactly the best role model for her. I have no problem with that but I know that is a long process to do and my new husband would have to adopt her.
That is great but it isn't going to happen right away. I think I can talk him into signing the necessary paperwork to legally change her name but I have no idea how the process works. Can anyone help me?? Thank you in advance for any help you might be able to give me.
It is greatly appreciated.
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| Joined 26 Jan 2022 1:01 pm
144 posts
9.6/10 Rating |
Dear Melinda,
As we understand your question you want to change your daughter’s last name before your husband starts an adoption proceeding.
At the present time, there are no laws in Texas to prevent a mother from informally changing her child’s surname. If you have no doubts that your new husband will adopt your daughter and will be a great father for her, you may do that.
You can register a child in extra-curricular activities under an alias name and ask the school officials to use a new last name at school. It is left on school officials’ discretion to grant the mothers request and allow the use of the new name.
Theoretically, biological father may seek to compel you to use his surname for your kids, but as we understand from your post your former husband is not claiming his parental rights and such scenario is unlikely to happen.
Best regards,
Customer Support
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| Joined 21 Jun 2022 7:24 pm
1 post
Unrated |
Melinda,
Did you get anymore info in this subject?
I have found what I need to do I am just not sure what exactly I need to send to my ex regarding court paperwork. Do I just send him a copy of the petition I file with the court to change the name of my child? I fwas going to send him a waiver for the citation. He said he would sign it,but I am afraid that maybe he wont. I hope I have not lost you! lol Thanks for any info.
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nrm (Offline)
UNITED STATES |
| Joined 25 Oct 2021 2:46 pm
1 post
Unrated |
I am single in Illinois and gave my son his father's last name. We were never married.I want to change it back to my last name. He is 4 1/2 and before he begins school I want us to have the same last name. His father signed his birth certificate. He does not pay any child support and there is no court orders for visitation. I am not sure where or what to do to officially change his last name. Also, will he get a new birth certificate with my last name after I change his last name?
Thanks, nrm
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| Joined 26 Jan 2022 1:01 pm
144 posts
9.6/10 Rating |
Dear nrm,
Please be advised that Legal Helpmate is not a law firm and we do not give legal advices to the public.
However, as we understand the laws of Illinois, you, as a biological mother and a sole custodian of your minor child, may petition the court for your son’s last name change.
The Petition must be filed to the Circuit court of the county where you reside.
The petition shall be signed by the parent or guardian having the legal custody of the minor. The petition shall be verified by the affidavit of some credible person.
Publication is not required in name change for minors’ cases.
Before entering order of name change the judge determines whether the change is in the best interest of the child. The judge takes into consideration such factors as desires of parents, wishes of the child, the relationship between the child and his parents, etc.
You may file a Petition of change of name by using FREE forms provided on Illinois Legal Aid society website at http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=3063; or at http://www.law.siu.edu/selfhelp/info/children/minorsup.pdf
To find out more information regarding changes of your son’s birth certificate records please go to vitalrecords@idph.state.il.us
Best regards,
Customer Support
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