In Texas, changing a child’s last name can be a complex legal process, especially if one parent does not consent. While the default expectation is that both parents agree to significant decisions affecting their child, Texas law allows for exceptions in certain situations. Below, we outline the circumstances under which a name change might be approved without the other parent’s permission, the court’s criteria for approval, and the steps required to petition for a name change.
When a Name Change for a Child Will Be Approved Without Consent
If you wish to change your child’s last name without the other parent’s consent, Texas courts may allow this under specific conditions, including:
Termination of Parental Rights
If one parent’s parental rights have been legally terminated by a court, the remaining parent can petition to change the child’s last name without needing the other parent’s permission.
Paternity Not Established
If the mother has sole custody, is unmarried, and the father’s paternity has not been legally established, the mother may file a name change petition without the father’s involvement.
Unable to Locate the Other Parent
If the petitioning parent has made reasonable efforts to locate and notify the other parent but has been unsuccessful, the court may waive the consent requirement.
Factors Courts Consider
When the other parent does not consent, the court evaluates whether the name change is in the child’s best interest. Texas courts apply a broad standard to determine this, considering factors such as:
- The Child’s Relationship With Each Parent: Will the name change impact the child’s bond with either parent?
- Length of Time With Current Last Name: How long has the child used their current name, and how established is it?
- Effect on the Child’s Identity: Does the name change promote a stronger sense of belonging with a new family unit or situation?
- The Child’s Preference: If the child is old enough to express an opinion, their wishes may be considered.
- Potential Impact on the Child’s Future: Will the name change positively or negatively affect the child’s personal, social, or professional future?
Steps to Change a Child’s Name in Texas
File a Petition
Start by filing a “Petition to Change the Name of a Child” in the county where the child resides. You can find the necessary forms through the Texas Judicial Branch website or consult an attorney to assist with the process.
Notify the Other Parent
The petitioning parent must notify the other parent of the name change request, unless their parental rights have been terminated or paternity has not been established.
Attend a Court Hearing
Both parents will typically have an opportunity to present their case in court. The judge will evaluate the petition based on the best interests of the child.
Obtain a Court Order
If the judge approves the name change, they will issue a court order reflecting the decision. This order can then be used to update the child’s legal documents, such as their birth certificate, Social Security records, and school records.
Best Scenario for a Successful Name Change Petition
The most straightforward way to secure a name change is when both parents agree and jointly petition the court. However, if agreement is not possible, the petitioning parent’s likelihood of success increases if they can demonstrate that the other parent has abandoned the child or that the name change is necessary for the child’s well-being.
Frequently Asked Questions
Can I change my child’s last name without the father’s consent?
Yes, in certain circumstances, such as when the father’s parental rights have been terminated, paternity has not been established, or the father cannot be located.
How much does it cost to change a child’s last name in Texas?
Filing fees vary by county but typically range between $350.00 to $400.00.
Additional costs:
If you choose to hire a lawyer, there will be additional legal fees associated with their services.
If publication of the petition is necessary due to the inability to locate the other parent additional costs may apply.
Do both parents need to agree to a name change?
Generally, yes. However, exceptions exist, such as when one parent’s rights have been terminated, paternity is not established, or the other parent cannot be located.
What forms are required for a name change in Texas?
You will need to complete a “Petition to Change the Name of a Child” and may need additional documentation, such as proof of termination of parental rights or evidence of efforts to locate the other parent.
Contact Us for Assistance
Navigating the legal process of changing a child’s last name can be challenging.
If you have questions or need legal guidance, contact our office at (210) 951-0696 for a consultation. Our experienced family law attorneys are here to help you achieve the best outcome for your child.
