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    darkandlovely's Avatar
    darkandlovely Posts: 3, Reputation: 1
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    #1

    May 12, 2009, 07:20 PM
    How do I legally change my child's last name?
    How do I legally change my child's last name without an attorney ?
    Can I legally change my child's last name on my own by making the proper forms and submitting them to the courthouse ?
    If my child was born in Florida and we now reside in Texas, do I submit the forms at the courthouse in Florida or Texas ?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    May 13, 2009, 09:10 AM

    First things first: is there a father listed on the birth certificate? Is there any type of custodial agreement in place which may allow him to have a say in the name change?
    darkandlovely's Avatar
    darkandlovely Posts: 3, Reputation: 1
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    #3

    May 13, 2009, 02:57 PM

    No, my ex husband doesn't brother to have any contact with our son at all.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    May 13, 2009, 03:14 PM

    Just because he doesn't have contact doesn't mean that he has no rights. What does your divorce agreement say about custody?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    May 13, 2009, 03:34 PM

    If his name is on t he birth certificate you will need to get his permission or show a good faith effort to if you want the court to allow the change.

    Go to your local Family Court and ask what the process is.
    darkandlovely's Avatar
    darkandlovely Posts: 3, Reputation: 1
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    #6

    May 13, 2009, 09:42 PM
    He didn't appear for court for the divorce. I have sole custody of our son and his father didn't sign the birth certificate.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    May 14, 2009, 05:38 AM
    Quote Originally Posted by darkandlovely View Post
    his father didn't sign the birth certificate.
    Doesn't matter whether he signed it or not. If he is listed as the father, he has give permission. If you think he will not show up in court, then serve him with a summons notifying him that you are petitioning for the name change. If he does not show up to protest the judge will grant your motion by default.
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