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my ex did not put my last name in my daughter's name and now she refuses to give me the right to claim my daughter. how can my daughter have my last name to prove that she's my daughter and for me to have parental rights?
State/Country relating to Question: Texas
If you were married when the child was born then you are presumed under Texas law to be the biological father and can sue for visitation at any time. If you were not married then you must sue for paternity. Once you have her in court a DNA test can be ordered to determine parentage and then custody, visitation and support can be determined.
Though there are several sites online that have information concerning the filing of a paternity action in Texas (listed below), you should consult a local attorney to assist you with this process.
http://www.texasattorneysonline.com/paternity.html
http://www.jerrymelton.com/paternity.htm
http://www.paternitynet.com/faq11.html
Please reply if I can help further.
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how much money would i be charged to add my last name in my daughter's name on her birth certificate if i could do it with her mother's consent?
If you have the mother's consent you may file a voluntary parentage lawsuit in your local courts that would not likely require hiring an attorney. If you do have the mother's consent then go to your local court clerk's office and ask for a form paternity petition and agreed order establishing paternity. If they do not have a form per se they probably have some examples you can review. The judge will have to approve any resolution you and the mother reach, but it will only cost the amount of the filing fees (which the clerk can tell you).
If you would prefer to hire an attorney to take care of this leg work and document preparation then it should cost somewhere between $1000 and $1500 since it would involve one court appearance and consultations with both you and the mother. This number is XXXXX average of what I see and differs drastically from jurisdiction to jurisdiction. Most attorney do offer free consultations and will quote you a fee in these scenarios.
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Over 11 years in practice as a litigator ... civil and criminal