The fathers name is not on the birth certificate and we were never married and I live in the state of Texas. To be honest I was stupid in thinking that things were going to change! I now would like to make a new start and I just can't go on with a Doctor callin me Ms. SO and SO and recieving mail as Ms So and SO!!! ITs torment and I just need to fix my mistake for ignorance! Please HELP!!!!!
2007-01-25 12:39:46 · 5 answers · asked by Kate 1 in Family & Relationships ➔ Marriage & Divorce
Further more... I signed the babys name on the birth certificate with the fathers lastname without him on the birth certificate! WE went to court over child support (in which he didnt want to pay) The court asked him if he wanted the baby to have his lastname ...he DID NOT respond quickly at all and it took a few mins to answer with, 'I dont care!'
2007-01-26 12:37:22 · update #1
You need to go to name change court for the State of Texas:
http://www.namechangelaw.com/states/texas/texas.htm
This link ought to help you.
2007-01-25 12:49:13 · answer #1 · answered by Guernica 3 · 0⤊ 0⤋
If the child is less than a year old, you can request that the birth certificate be amended to change your child’s last name. Contact Texas Vital Statistics to find out information about it. Since Dad’s name is not on the birth certificate, and assuming paternity hasn’t been established, then you shouldn't need his permission, because right now he has NO legal rights as far as the child is concerned.
If the child is older than one year, you’ll have to get a court ordered name change.
Of course, at any time, Dad can petition the court to establish paternity and request that the child be given his last name. I’m not saying a judge would agree to it (he might or might not depending on the details of the case), but Dad can request it.
By the way (in response to a previous reply), the fact that the child doesn’t carry his father’s last name does NOT mean that Dad cannot be ordered to pay child support. Of course, Dad can’t be ordered to pay support until paternity is established (and either you or him can petition to have it established).
2007-01-25 13:07:30 · answer #2 · answered by kp 7 · 1⤊ 0⤋
To change a child's name, both parents must consent to the name change. That is the way it works in Texas. They did this, because there were women who would remarry, and without even consulting the father, they would change the child(ren)'s name to their new married name. Now, both parents must sign the name change form.
My question, is does the father pay child support? If he does, you may be able to convince him to agree to this. But, you must realize, he will no longer be made to pay child support ever again. He will still have parental rights to the child, but will not be obligated to pay child support. Most fathers who are not really involved with the child will do so just to save the money.
Other than the father agreeing, he would have to be dead. I don't advise this as a means to change the name.
2007-01-25 12:52:27 · answer #3 · answered by ? 5 · 0⤊ 1⤋
If the father's name isn't on the birth certficiate then the child is already under your maiden name, they usually list the father's name as "unknown" if at all.
2007-01-25 14:28:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Using your maiden name for the baby is not right. The baby always uses the last name of his real father (whether you are in a relationship with him or not) . If you give this child your maiden name you are in a sense saying that the baby's father is your father. Ewwwww. It's just weird.
2007-01-25 12:59:03 · answer #5 · answered by Anonymous · 0⤊ 2⤋