Q: How can I go about changing my sons lastname? His father isn’t in his life and he left to another country
His father left when my son was 3 months , but his name is on the birth certificate
A:
Generally...........
Petition for Change of Name: You will need to file a petition with the court for a name change. This must be filed in the county where the child resides.
Service and Notification: Texas law requires that you notify the absent parent of the pending name change. This can be complicated if the parent is in another country. You might need a private process server or legal assistance to make sure this step is completed properly.
Consent/Waiver: If the absent parent consents to the name change, they can sign a document stating that they do not wish to contest it. If they cannot be located or fail to respond, you may be able to proceed anyway, but you must show the court that you made a good faith effort to notify them.
Best Interest of the Child: The court will make a decision based on what it believes is in the best interest of the child. You will need to be prepared to explain why changing the child's last name is in their best interest.
Hearing: A hearing will be set where you will present your case to the judge. If the judge agrees that the name change is in the best interest of the child, they will grant the change.
Order Granting Change of Name: If your request is granted, the court will issue an order granting the name change. You can use this order to have the child's name changed on their birth certificate, social security card, and other official documents.
Keep in mind that these steps might require a lot of paperwork and there could be various court fees involved. If any part of this process is confusing or difficult, you should definitely consider getting legal assistance. An attorney who specializes in family law in Texas can provide valuable guidance and help make the process go as smoothly as possible.
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