Can I still change her last name?

Question

My first daughters father hasn't been around since i was five months pregnant, now he's in prison.

The guy i'm with now (which is the father of my second child) has been around ever since she was 2 months old and she calls him daddy. when we get married we were going to change my daughters last name also so all four of us would have the same last name.

Anyway, me and my boyfriend decided i should file for child support because my daughter deserves it, if i did that, would i still be able to change her last name when we get married?? Right now nobody is on the birth certificate and when they do DNA and all that her biological father will be put on there.

Answer 1

Yes, you can change your daughter's last name, and she still could get child support, no matter what, as long as she is otherwise entitled to child support.  

Texas has laws similar to most states,  you will have to file a petition with the court, and explain why you think she needs a new last name, it seems like your reasons are good.

Normally a court has to investigate reasons to determine if the name change is to avoid prosecution, for other crimes.

Remember too, that you daughter likely will get a new last name when she marries.  Girl children seem to have very temporary last names, unfortunately.

Good luck

Answer 2

A friend of mine changed her name when she was 14. She did stop getting child support though b/c as long as he was paying child support he still had visitation rights to her, meaning he could still demand that she spend every other weekend with him even though he had not bothered to see her in 10 years. But  you should call the vital records and statistics office where you live and ask about it or maybe call a lawyer and ask about a free consult. Good Luck!  

Answer 3

have your husband adopt her and then he gets to give her last name.... sounds like sperm donor wouldn't give $$ anyways

Answer 4

Yes, even if  you get child support you can still change her last name.  That is not a problem.  Good luck.

Answer 5

yes

Answer 6

The answer is yes and no.

You need to talk to a good family law attorney and explain your set of circumstances.  If the father of your child is not in your daughter's life, you can go about letting your husband adopt her.  I think you can also do a name change without adoption, but I'm not positive about that.

As far as child support, I wouldn't really go down that road with a convict.  You will be opening up the door for him to sue for parental rights in the future.  If you just do the name change and at the same time push for child support, you will likely tick him & his family off and if there is anyway he can worm his way into your child's life and create payback later on, or otherwise want to get visitation rights if he is supporting the child, he probably will at some point.

I think you all would be much better off trying to pursue adoption and termination of the bio dad's rights once and for all.  If your husband is willing to support and parent this child, why confuse the issue and open yourself and your family up to future heartache and confusion?

If nobody is on the birth certificate it should be a simple thing for your husband to adopt.

However, if he is acting non-committal about paying for this child, that's a red flag for your relationship and a whole other issue.  Be careful if he is in anyway shirking the responsibility of accepting you & your daughter as a "package deal" for better or worse.   It almost sounds like he is trying to protect himself from having to pay child support on this kid in the future if/when your marriage doesn't last.  That's a slippery slope!

I live in Texas, too.