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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12383
Experience:  Experienced in multiple areas of the law.
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I would like to change my sons last name to my last name. He

Customer Question

I would like to change my sons last name to my last name. He currently has his fathers. His Father is not really in the picture.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, i was hoping it wouldn't come to that. My son was born in new mexico but we live in Tx.
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else important you think the Family Lawyer should know?
Customer: We have a open child support case for the past three years and his father has never paid a dime. He also only sees my son every 3-4 months and that is even rare and usually doesn't happen. My son is about to start school this year and i would like him to have my last name and not be known as a Loftin. We also live in San Antonio,Tx but my son was born in Hobbs, NM.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 8 months ago.
Category: Family Law
Expert:  RobertJDFL replied 8 months ago.
Thank you for using Just Answer. Since the laws on name changes vary by state, can you tell me what state this is in, and then I'll work on my answer for you? Thanks so much.
Customer: replied 8 months ago.
He was born in New Mexico but We live in Texas. I stated that before.
Expert:  RobertJDFL replied 8 months ago.
Thank you for your reply. My apologies about not seeing it before -- I cannot always see everything you type right away. zThe changing of a child's name requires the filing of a petition with the court. If you and the child's father agree on the name change, you can use these forms and follow the instructions. A child 10 years or older must consent to the change in writing. The court must find that the change is in the child’s best interest. If there is a disagreement about the name change, and a parent is not willing to sign the Petition and Verification, then those parties not in agreement must be served with a Notification of the name change. After your Petition has been filed, ask the Clerk’s office to schedule a name change hearing and issue a citation. The Clerk should be able to give you at least two copies of the citation. Once you know the hearing date and time, you must send the citation with the date and time of the hearing to the parent that did not sign the Petition and Verification. These citations must be formally served. There are three methods of formally serving in Texas:Request a formal Process Server through the Sheriff or Constable’s office and receive a verification of personal service. By this method, the individual will be served in person. You are not allowed to serve the document yourself. There will be a fee to hire a Process Server.Send a copy of the citation by certified mail. The individual being served must sign his own name on the receipt and you must obtain a copy. Fill out a verification of service by certified mail and attach a copy of the certified receipt with the signature of the person served.Publish a copy of the citation in a local paper. If you cannot find a parent, you can send the citation to a local paper of general circulation and have the citation published at least one time.Next, you will need to file the proofs of service with your file at the Clerk’s office. Take them to the Clerk’s office the same way you did the Petition and file them. Then make sure you attend your hearing. If you need clarification or additional information, please reply, and I'm happy to assist further. Thank you.