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Charlise · Dec 26, 2012, 10:47 PM

My 2yr old son goes by one of his middle names. (He has 2) and I would like to drop his legal first name so he just has 3names like most people. I was pressured by his bio dad to name him after him and totally regret giving in and we are no longer together. I will keep his last name but just want to drop the 1st. How can I do it and how much will it cost? I live in TX, the father has been DNA tested but is not on the BC and no orders are in effect at this time. Technically there is a presumed father different from the bio dad.

ScottGem · Dec 27, 2012, 04:25 AM

The "presumed" father is the legal father. The legal father will need to agree to the name change. If he does, then it should be a slam dunk with the only costs minimal court filing fees.

Charlise · Dec 27, 2012, 11:47 AM

My 2yr old son goes by one of his middle names. (He has 2) and I would like to drop his legal first name so he just has 3names like most people. I was pressured by his bio dad to name him after him and totally regret giving in and we are no longer together. I will keep his last name but just want to drop the 1st. How can I do it and how much will it cost? I live in TX, the father has been legally DNA tested but is not on the BC and no orders are in effect at this time. Technically there is a presumed father different from the bio dad.

JudyKayTee · Dec 27, 2012, 02:16 PM

I don't know what "technically there is an assumed father" means.

You would have to petition the Court to change the child's name.

ScottGem · Dec 27, 2012, 02:24 PM

Please don't start multiple threads with the same question. I've merged your threads. If you have any follow-up post it as a reply to this thread.

Charlise · Dec 27, 2012, 02:27 PM

Originally Posted by JudyKayTee

I don't know what "technically there is an assumed father" means.

You would have to petition the Court to change the child's name.

it means I am still legally married to someone else (ironically wit the same 1st name as bio dad) so he is the PRESUMED father even though he is not biologically the dad. There has been court ordered legal DNA
Done though to prove who the father really is.

Charlise · Dec 27, 2012, 02:27 PM

Originally Posted by ScottGem

Please don't start multiple threads with the same question. I've merged your threads. If you have any followup post it as a reply to this thread.

sorry I didn't mean to.

Charlise · Dec 27, 2012, 02:30 PM

Originally Posted by ScottGem

The "presumed" father is the legal father. The legal father will need to agree to the name change. If he does, then it should be a slam dunk with the only costs minimal court filing fees.

I am not with my husband(presumed) any more either .he was very abusive. I can't contact him and the courts never have any luck serving him

Charlise · Dec 27, 2012, 02:32 PM

Originally Posted by ScottGem

Please don't start multiple threads with the same question. I've merged your threads. If you have any followup post it as a reply to this thread.

Sorry, I didn't mean to

AK lawyer · Dec 27, 2012, 02:47 PM

Originally Posted by Charlise;

I am not with my husband(presumed) any more either .he was very abusive. I can't contact him and the courts never have any luck serving him

There are ways of serving him with notice. In general (procedures might vary slightly by state) you would file an affidavit of diligent inquiry, describing what you have done to find an address for him. If the judge thinks that you have done everything that you reasonably could do, the judge can enter an order allowing you to serve him by publication.

Service by publication doesn't mean he gets actual notice. It doesn't matter. But you will then done what you need to do to try to give him notice.

Charlise · Dec 27, 2012, 02:51 PM

Originally Posted by AK lawyer

There are ways of serving him with notice. In general (procedures might vary slightly by state) you would file an affidavit of diligent inquiry, describing what you have done to find an address for him. If the judge thinks that you have done everything that you reasonably could do, the judge can enter an order allowing you to serve him by publication.

Service by publication doesn't mean he gets actual notice. It doesn't matter. But you will then done what you need to do to try to give him notice.

Thank you. So is it still the presumed father 's decision even though there is legal DNA evidence contrary?

Charlise · Dec 27, 2012, 02:51 PM

Originally Posted by Charlise

Thank you. So is it still the presumed father 's decision even though there is legal DNA evidence contrary?

That might actually work in my favor if it is.

Fr_Chuck · Dec 27, 2012, 03:56 PM

The legal father is still the father, unless DNA tests have went though court and someone else has legally been declared the father by the courts.

This may or may not be addressed by the courts, so be sure to consult a local attorney, who you should be using for this anyway

AK lawyer · Dec 27, 2012, 03:59 PM

Originally Posted by Charlise;

... So is it still the presumed father 's decision ...

No, it's not his decision. But he has the right to be told about the hearing, so that he can, if he wants, try to persuade the court that he should have some say in the matter.

ScottGem · Dec 27, 2012, 07:01 PM

If the child was born while you were married, then your husband is presumed to be the father in all US states. Until and unless a court rules otherwise he is the legal father. He can then consent to the petition for a name change.

Charlise · Dec 27, 2012, 10:05 PM

Originally Posted by Fr_Chuck

The legal father is still the father, unless DNA tests have went though court and someone else has legally been declared the father by the courts.

This may or may not be addressed by the courts, so be sure to consult a local attorney, who you should be using for this anyway

It was court ordered DNA for child support purposes . The presumed father won't come sign denial of paternity and the court had had no luck officially serving him.