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-   -   Changing child's last name (https://www.askmehelpdesk.com/showthread.php?t=265111)

  • Sep 30, 2008, 03:48 AM
    Wrench
    Changing child's last name
    Hello all,
    I was surfing this topic this AM and here I am. My situation is a bit different, yet may have the same restrictions, I don't know.

    My daughter continually asks to change her name. She is, of course, my step-daughter. Now, here's the deal:

    My wife's ex, is not her biological father, but he adopted her. Shortly thereafter my wife discovered that he's a complete deadbeat and the divorce was instantaneous. My daughter considers me her dad and seeing as she has had absolutely no contact in three years, not even an e-mail, from her "legal" father, and within the last eight years has only seen him on two occasions, she has no interest in ever seeing or hearing from him again. She's in her late teens if that makes a difference.

    There is no influence from her mother or myself on this issue, it is something that she wants.

    Her biological father wanted nothing to do with her from the onset and relinquished all rights before she was born, so there's not issue on that side either.

    How's that for a conundrum? Any insight?


    To add: We have told here that she can use whatever name she wants, but she is adamant on a legitimate change.
  • Sep 30, 2008, 04:02 AM
    candy revolver

    What state are you in?
  • Sep 30, 2008, 05:54 AM
    Wrench
    Quote:

    Originally Posted by candy revolver View Post
    what state are you in?

    Texas is the jurisdiction. And yes, I know how self-important TX judges are.;)
  • Sep 30, 2008, 08:18 AM
    ScottGem
    First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

    Second, under US law a person can use any name they want as long as there is no intent to defraud. This means your daughter can chose to use your last name wherever a legal name is not required.

    To change her legal name, would mean either a court order or adoption.
  • Sep 30, 2008, 08:22 AM
    Wrench

    Thanks Scott, sorry for my poor etiquette.
  • Sep 30, 2008, 02:02 PM
    cdad

    Has there been any contact with the adoptive father or been a search for him ? Has anyone asked him if he is willing to relinquish so you yourself can adopt ? If she is in her late teens as described then she can as Scott and yourself have recommended change her own name and when she turns 18 she is free to do so on her own through the courts.

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