If childs father is on the his birthcertificate and has signed acknowledgement of paternity can he change last

Question

name. he pays child support. in front of the judge he said that he wanted his child have his last name. the judge said he had to talk to me about that. i was wondering if this happened to anyone and if he can try another way to change it

Answer 1

Actually as far as Texas is concerned, the ability given to the father and not to the mother would be unconstitutional as violating equal protection under the laws. As we all know from our Constitutional Law classes, when a law discriminates against a class deserving of heightened scruitiny (such as women), the court will require for a state to show a compelling reason for the discrimination. Texas doesn't have a good history with coming up with compelling reasons for discrimination. They failed to come up with a mere rational reason for Lawrence v. Texas, and that wasn't even a heightened scruitiny analysis of the state law.

I give you the Texas statute:

Vernon's Texas Statutes and Codes Annotated

Family Code

Title 2. Child in Relation to the Family (Refs & Annos)

Subtitle C. Change of Name

Chapter 45. Change of Name

Subchapter A. Change of Name of Child (Refs & Annos)

§ 45.001. Who May File; Venue

A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides.
____________________________________
I don't see anything about father there....


So the laws in Texas are gender neutral when it comes to the interests of both parties and the minor. I will stay with Texas as it is very similar to most jurisdictions including Pennsylvania and Colorado. Back in the 70s when most states changed to No-fault divorces, many women began to divorce their husbands and get remarried. They then attempted to change the name of their child to the stepfather's last name. Quite a few law suits happened. The controling case in Texas is Eschrich v. Williamson
475 S.W.2d 380 (1972), where the appeals court held that the natural father had an interest in his childs name (his name) and (1) had to be notified (2) could contest the name change. Gender distinctions such as this that serve no compelling, legitimate purpose of state interest have been stricken.

The bottom line is that even if your ex had full custody of the child and you did not give him a single dime even, you would still need to be notified of any action and could contest the name change in the state of Texas. This should be the same in your own state, but you can ask the judge who talked to your ex.

Answer 2

In Texas a father has the right to have his child carry his surname...if he is on the birth certificate all he has to do is go down to the county clerks office and pay about $25 and file it.
I don't know if the laws work the same where you are...

Edit: to the guy below me...in case you haven't paid attention the law has little to do with what goes on in court houses...My Goddaughter just went through it...all the father of the child had to do was walk in and pay $25 and file it...he wasn't even on the birth certificate until the child was 8 years old...when My Goddaughter tried to contest it...no one would help her...the judge told her that as the father he had a right to change the child's name to his own sir name without her consent...how do you explain that Mr. smarty pants...you cite a law that isn't observed by judges and court clerks...nice... BTW...I'm not a guy I'm a girl...some of us live in the real world where every judge and lawyer aren't as wholesome as Andy Griffith of mayberry...

at lest the guy below you can show that not all rulings are rational...I did not say it was the law...I said that's the way it works ...

Did I mention the father spent the first 8 years denying he was even her child's father? Then he went to another state and claimed the child lived with him and he didn't know where the mother was and was granted custody (Ohio) without ever having to even produce the child...thank goodness when he showed up at her house with the trumped up custody paper's and 2 Texas Trooper's demanding she hand over her child she was able to produce Texas custody paper's which trumped his.
The Law is not always just...and it doesn't always follow what is written...I apologize if I have been harsh...It was not my intention, I just know how the law rarely works out for the person in the right...seems only the sneaky coniving people benifit from it the most....Thylawyer...you know about the law...but can you tell me how to make a judge follow it? all of this happened in a small county and the Lawyer's go fishing with the judges and don't want to "question" their buddies decisions...

Answer 3

First, You Asked!! is wrong. I hope he doesn't practice law. If the mother agrees, in Texas the birth certificate can be changed by filing an application signed by both parents. Otherwise, the father has to do what fathers have to do in most other states, get a court order to change it.

Answer 4

as long because of the fact the daddy isn't on the certificates , you may get around it yet now and returned they could ask for a letter variety the daddy putting forward that it is high-quality . yet whilst his call is on the certificates then definite he will ought to sign. the daddy has to sign off asserting then it is high-quality. if he dose no longer that the call keeps to be a similar. the wonderful thank you to cover your returned is to have the step parent undertake the youngster that way if he ever leaves he nevertheless will ought to pay baby help. I even have long previous by way of this my self and that i had to get the daddy to sign off.