I would like to change my daughters name

Klaws334 · May 15, 2005

What is the name of your state?What is the name of your state?What is the name of your state?Texas
I am wanting to change my daughters name to my last name for saftey purposes. Her Bio father gave his rights of her to me 6 years ago. I was wondering if i can just change her name (to my now married name) without doing the adoption process?

beenthere30 · May 15, 2005

Yes you could file to have a name change but first when you say he gave up his rights to the child what do you mean by that excactly. Did you go to court for a termination of parents rights? Or did you just get sole custody?

000 · May 15, 2005

Here's the deal. I'll have to assume that bio dad never formally relinquished his parental rights, he just agreed to let you have sole custody. So as it stands now, should you die, the child would automatically go to the bio dad. If you are just wanting to change her name, you must file a petition with the court and bio dad must be notified and has a right to put a stop to it. Should the court grant the name change and you divorce your husband, are you wanting to do this all over again? And just because the name would be the same, it does not change the fact that your husband would never be the child's legal father and the child would never receive any inheritance unless he adopts.

Should your husband decide he wants to adopt, then he would need to petition the court for a step-parent adoption and the bio dad would have to be served and notified. He can also put a stop to any adoption. Should by some long-shot the court terminate his parental rights and grant the adoption, then the name change is provided free of charge in the adoption decree and the child is now the legal child of your husband's. That includes should something happen to you, your husband would have sole custody and the child would be entitled to any inheritance from him.

LdiJ · May 15, 2005

000 said:
Here's the deal. I'll have to assume that bio dad never formally relinquished his parental rights, he just agreed to let you have sole custody. So as it stands now, should you die, the child would automatically go to the bio dad. If you are just wanting to change her name, you must file a petition with the court and bio dad must be notified and has a right to put a stop to it. Should the court grant the name change and you divorce your husband, are you wanting to do this all over again? And just because the name would be the same, it does not change the fact that your husband would never be the child's legal father and the child would never receive any inheritance unless he adopts.

Should your husband decide he wants to adopt, then he would need to petition the court for a step-parent adoption and the bio dad would have to be served and notified. He can also put a stop to any adoption. Should by some long-shot the court terminate his parental rights and grant the adoption, then the name change is provided free of charge in the adoption decree and the child is now the legal child of your husband's. That includes should something happen to you, your husband would have sole custody and the child would be entitled to any inheritance from him.

You consistantly disregard the fact that a bio-parent's rights can be terminated due to abandonment. 6 years is more than long enough to qualify as abandonment.

000 · May 15, 2005

I realize that abandonment can be used to Terminate Parental Rights. But, OP did not state if she was receiving child support from him. If so, he has NOT abandoned the child, statuatorily.

The OP has not given us enough information.

LdiJ · May 15, 2005

000 said:
I realize that abandonment can be used to Terminate Parental Rights. But, OP did not state if she was receiving child support from him. If so, he has NOT abandoned the child, statuatorily.

The OP has not given us enough information.

So make sure that you mention that in your responses.

000 · May 15, 2005

I did.

I said that I had to "assume".

My ESP and my crystal ball aint working today and I ran out of tea leaves. I'm sure OP is leaving out all kinds of stuff like most posters do.

000 · May 15, 2005

Also, it sounded like OP thought all she had to do was change the child's name and the legality was okie dokey. She said she wanted to change it for "safety purposes", which again sounds like she thinks this will protect the child from being an orphan should she die, which it aint.
There is no short cut to this .Adoption is the only option. (hey it rhymes!)

Klaws334 · Jun 5, 2005

He did Give his Rights

Yes we did go to court and have his rights relinquished. If that is the case now who would she go to if i died? do i need to write a living will?

bradybunchmom · Jun 5, 2005

untitled

unless your husband adopts the child, she would probaly go to another relative or foster care should you die, because your husband would have no legal rights to her.

LdiJ · Jun 5, 2005

bradybunchmom said:
unless your husband adopts the child, she would probaly go to another relative or foster care should you die, because your husband would have no legal rights to her.

That isn't necessarily so. In that scenario stepdad would have a shot at custody too...since the child would have no living, legal parents. A relative's might be stronger, or might not. However its unlikely that the child would go to foster care if there was a stepparent willing to take custody.

I would like to change my daughters name

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