Check out some similar questions!

dawn42 · Dec 30, 2007, 07:15 AM

How long does a Father have to go with out contacting his daughter before you can file abandonment on him and terminate his rights? My daughter has not seen or heard from her Father in 5 years. She wants to change her last name to mine instead of his. She is 7 years old. He does not pay court ordered child support and never has. He saw her once when she was 18 months old and has not even contacted her since. We live in Texas.

ScottGem · Dec 30, 2007, 08:06 AM

There are many threads that discuss this already.

Bottom line is forget it. Abandonment as a crime or charge is only in cases where the child is endangered, like leaving them locked in a car for 8 hours or leaving a young child home alone. Your child has not been abandoned since you care for her. Abandonment MIGHT be considered as grounds in an action for divorce or modification of custody/visitation. But its not likely to allow for a termination of rights. Courts will generally grant a TPR only to pave the way for adoption of the child or when the parent represents a danger to the child.

In your case, he has basically terminated his rights by ignoring her. You will gain nothing by spending the money to legally terminate.

AS to your daughter using your name, she can't legally change it until she's 18, but she can use any name she wants as long as there is no attempt to defraud. So if she wants to go by your surname, just inform the school or anyone else that she will now be known that way.

macksmom · Dec 31, 2007, 08:15 AM

Unless there is someone to adopt the child, the courts won't terminate his rights.

As far as the name change, you would have to get consent from the father before you will be allowed to legally change the child's last name.

cwarricksgal · Dec 31, 2007, 09:10 AM

Originally Posted by dawn42

How long does a Father have to go with out contacting his daughter before you can file abandonment on him and terminate his rights? My daughter has not seen or heard from her Father in 5 years. She wants to change her last name to mine instead of his. She is 7 years old. He does not pay court ordered child support and never has. He saw her once when she was 18 months old and has not even contacted her since. We live in Texas.

I would be recommend her keeping his last name . Even though he has no contact with her she is entitled to any of his benefits if (God Forbid ) something should happen to him . Why haven't you sued for child support ?