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I live in houston texas, I have a 28 month old son and the

father who I am not...
I live in houston texas, I have a 28 month old son and the father who I am not or ever been married to is completely out of the picture and hasnt had anything to do with me or my son for almost 2 years now and I am not even sure that I can find him. I want to change my sons last name to mine and wanted to know what I needed to do. Thanks
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Answered in 5 minutes by:
5/5/2013
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,986
Experience: Attorney with experience in family law.
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Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

In order to change the name of a minor, the parent either needs consent of the other parent, or must go to court and get a court order finding that the change is in the best interests of the child. That should be fairly simple for you to prove, if the child has no relationship at all with his father, especially if the father doesn't show up in court. You are, however, required to take steps to notify the father of the cause of action. What that means is, first, making an effort to locate him, if you haven't already. Talk to his friends and family members, send a letter to his last known address, call his last known telephone number, search Facebook or the internet - do whatever it is that you can do so that you can honestly say to the judge, "I looked, but I don't know where he is." Once you've done that, you can file a Motion for Service by Publication. That means that you can file a notice in the local newspaper stating that you've filed the suit. Once it's run for a few weeks, he is deemed to have notice of the suit and you can schedule a hearing.

This document gives you more information on what should be included in a Name Change Petition.
http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/NameChangesInTxpdf.pdf


If there is a law library near you, they will have books of forms that you can look at in order to draft the Petition. You may also want to consider hiring a local attorney to draft the paperwork for you.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,986
Experience: Attorney with experience in family law.
Verified
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Lucy, Esq.
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Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,986
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Experience: Attorney with experience in family law.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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