Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Marriage, Domestic Partnerships and Other Family Law Matters

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-09-2009, 07:18 PM
Junior Member
 
Join Date: Feb 2009
Posts: 16

Change of child's middle and last anme


What is the name of your state (only U.S. law)? Texas

My son was born 13 years ago, the father wanted nothing to do with him, so I gave our son my last name. (John Doe Momslastname)

Two years later, father returns, wants to be a part of child's life (and mine) and is for 4 years. Affidavit of paternity was filed, birth certificate was amended and child's last name became father's last name (John Doe Dadslastname). Father and I split up right before new birth certificate came in mail. This was the first name change, and the only one allowed without court order.

During a much heated custody and child support case, the name issue got dragged into it, and the settlement actually included that child's surname was to include both of our names. Court order was issued, child was given name John Doe Momslastname Dadslastname. I filed all the paperwork, changed SS card and school records. It was not bad, because I had a court order. Poor child ends up with 4 names. I was insane at the time apparently (not literally. l just can't believe I did that to the poor kid at this point)

Now the last name issue has come up again. Child is now 13. His last name is a mouthfull, 17 characters long. I'm no longer as angry as I was, and after all "a rose by any other name would smell as sweet", right? It's just a name, it confuses the child when he goes to write his last name. His father's mother is almost militant about wanting it to be father's last name. Father does whatever his mother says. I'm ok with it, child would like life to be simple.

I'd like to have it changed to John Mom Dad (remove his current middle name, use my last name as his middle name, and his father's last name as his last name). Can I do this myself? I'd need to file a court order to get it changed on his birth certificate AGAIN (4th name).

How do I get a court order? Believe me I know how to do the rest. I've done it enough times.

It's not about anyone not agreeing. Dad would like it and would sign what he needs to. I can do the leg work if I just had a breadcrumb trail to follow. Child would LOOOVE to have the simplicity of just one last name, so he'll write his part. I just don't know where to start and what to file where. I've found a website that can "help file the paperwork" but money is tight and I'd like to do it myself if I can.

Thanks for any help.

Last edited by SolaireSolstice; 07-09-2009 at 07:20 PM.
  #2  
Old 07-09-2009, 08:51 PM
Senior Member
 
Join Date: Apr 2007
Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
The child's name ALREADY is John Momslastname Dadslastname. I know no where that MAKES you write your middle name. For the love of all that's holy, PLEASE don't make your child go through yet ANOTHER (4TH) name change because his parents are dysfunctional and can't make up their minds. I have a kid the same age as yours. I don't have ONE school paper that required him to write his first, middle and last name. Elementary school and Middle School diplomas both have firstname lastname. Where do you HAVE to (besides maybe your driver license and SS card) write your full complete name and if he's that lazy that he can't write a whole 17 letters, then your problems are bigger than his name. In fact, I don't think he's probably lazy, he has parents who make very bad decisions.

Besides, I'd like to meet the judge that would allow such a thing for the 4TH TIME.

4 name changes... sheesh.
__________________
Someone else sees it too:
Quote:
Originally Posted by sandyclaus View Post
CourtClerk is right.
  #3  
Old 07-09-2009, 09:15 PM
Junior Member
 
Join Date: Feb 2009
Posts: 16
I realize his father and I have handled this entire thing poorly.

If the judge turns us down, fine. I can handle that, but I'd like to take it to the judge and let the JUDGE decide, if I knew how to get it to a judge.
  #4  
Old 07-09-2009, 11:40 PM
Senior Member
 
Join Date: May 2002
Posts: 29,677
As I read the original post, I couldn't help but wonder - why can't s kid flippin' write "John Dadslastname"? What is wrong with Mom and Dad that this has to be a drama? Y'all are whackadoodled.

p.s. My original name - First Middle Last - is 16 letters. I have never had a physical problem writing it.
__________________
Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khaled Hosseini



*********
R.I.P. Penny.
8/12/97 - 11/12/09
She was a good hound,
and a good friend.
She will be missed.

*********

Last edited by stealth2; 07-09-2009 at 11:43 PM.
  #5  
Old 07-10-2009, 01:10 AM
Senior Member
 
Join Date: Nov 2007
Posts: 8,587
Quote:
Originally Posted by stealth2 View Post
As I read the original post, I couldn't help but wonder - why can't s kid flippin' write "John Dadslastname"? What is wrong with Mom and Dad that this has to be a drama? Y'all are whackadoodled.

p.s. My original name - First Middle Last - is 16 letters. I have never had a physical problem writing it.
i've got to agree on this. all my 11 year old's legal paperwork says John Doe momslastname dadslastname, but he signs his name john dadslastname. doesn't bother me.
  #6  
Old 07-10-2009, 02:00 AM
Member
 
Join Date: Jul 2008
Posts: 515
This won't change things and I may be wrong but I think she was stating that the last name alone is 17 characters. Not including First & Middle.
__________________
“We cannot change the cards we are dealt, just how we play the hand.”
  #7  
Old 07-10-2009, 02:14 AM
Senior Member
 
Join Date: Jan 2006
Posts: 9,771
the LEGAL answer is that as long as both you and dad agree, you should be able to have the name changed without much ado.

It should merely be a question of filing a petition and going to court.

As for 4 name changes never happening... tell it to Prince.
  #8  
Old 07-10-2009, 09:38 AM
Senior Member
 
Join Date: Nov 2005
Location: New Vertiform City
Posts: 5,138
Quote:
Originally Posted by fairisfair View Post
the LEGAL answer is that as long as both you and dad agree, you should be able to have the name changed without much ado.
I think part of the problem is mom and dad don't agree on nothing and for that reason mom would rather not ask. And if asked, dad is presumed to be inclined to make a fuss.
__________________
I've often thought of becoming a golf club.
  #9  
Old 07-10-2009, 06:05 PM
Junior Member
 
Join Date: Feb 2009
Posts: 16
Actually, it's the opposite xylene. DAD (and Dad's mother) wants the name change to happen. He wants child to have his last name alone; having the middle name as my last name is his way of "throwing me a bone".

It's really just removing child's current middle name.

I want it no longer to be an issue, so I will go along with it just to keep the peace. I personally don't see what the big deal is either. Child can write his name however he wants as far as I'm concerned. He can pick either one, he can call himself "John whack-a-doodle", because apparently that's what both of his parents are.

And yes, last name alone is 17 characters (7 for mine, 10 for Dad's). Child tends to write just one of the last names, changing from one to the other, depending on what (or to who) he's writing. Child says he'd like it to be simple (meaning just to have one last name), and I'm fine with that. The original issue no longer seems as important as it was during the court battle 7 years ago.

I've done just a bit of research on it and it seems the petition needs to be filed in the district court of child's county, but I can't find online forms for it, though I've found online forms for other counties. I talked to Dad last night and told him that since it's important to him, I will agree to what he wants and either be there or sign, but HE needs to do the legwork on this (and pay the apparent $207 filing fee for the petition) because it's him that has the issue with the name.
  #10  
Old 07-10-2009, 07:32 PM
Senior Member
 
Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by SolaireSolstice View Post
Actually, it's the opposite xylene. DAD (and Dad's mother) wants the name change to happen. He wants child to have his last name alone; having the middle name as my last name is his way of "throwing me a bone".

It's really just removing child's current middle name.

I want it no longer to be an issue, so I will go along with it just to keep the peace. I personally don't see what the big deal is either. Child can write his name however he wants as far as I'm concerned. He can pick either one, he can call himself "John whack-a-doodle", because apparently that's what both of his parents are.

And yes, last name alone is 17 characters (7 for mine, 10 for Dad's). Child tends to write just one of the last names, changing from one to the other, depending on what (or to who) he's writing. Child says he'd like it to be simple (meaning just to have one last name), and I'm fine with that. The original issue no longer seems as important as it was during the court battle 7 years ago.

I've done just a bit of research on it and it seems the petition needs to be filed in the district court of child's county, but I can't find online forms for it, though I've found online forms for other counties. I talked to Dad last night and told him that since it's important to him, I will agree to what he wants and either be there or sign, but HE needs to do the legwork on this (and pay the apparent $207 filing fee for the petition) because it's him that has the issue with the name.
I think that's a good position to take.

Otherwise, if its still important to the child when he becomes a legal adult, he can do it them, himself.
__________________
in vino veritas
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:16 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.