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I am having to do a motion for name clarification of my

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I am having to...

I am having to do a motion for name clarification of my 4-year old daughter. I have joint managing conservatorship with her mother (we were never married). We have already had a name change because she married her now husband 2 months before our daughter was born and he was considered the presumed father when they both filled out the birth certificate. We had already had a court order for a paternity test before our daughter was born, but they filled out the birth certificate with the stepfather as the father anyway. We went through arbitration to reach an agreement and we agreed to change her name: she kept her first name, we added two middle names (one of which is the mother's new married surname) and then had my last name as her last name. When her mother registered her for pre-K this past August, she put her both new married surname and my last name in the space for our daughter's last name. That is how she is filling all forms out now. We are going for a name clarification, and I was hoping for any help in how to navigate this.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Yes, Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

Although I feel I am just arguing to uphold our current agreement about the last name, she will argue that both surnames are ***** *****'s last name. So I therefore feel that I have to make a case to support why she should only have my last name and not her Stepfather's.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She also has a 10 year-old daughter from a previous relationship. That daughter's last name is ***** ***** father's last name (she has not tried to add her new married surname to that daughter's last name). I have exercised all of my visitation rights and paid all of my child support. My daughter is very close to me and my family. Her mother and stepfather habitually refer to him as "daddy" and refer to me by my first name when speaking directly with our daughter or in front of her. Her mother has also told her that her paternal grandparents aren't her family but just her friends, so we have ongoing parental alienation happening too.

Submitted: 8 months ago.Category: Family Law
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11/14/2017
Family Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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So your primary goal here is to have the Court determine the proper name of the child? Correct?

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Customer reply replied 8 months ago
but the name on the agreement is just written out without any particular designation of what is a first, middle, last name. During mediation, I agreed to other aspects of the visitation because we had both agreed on my last name as our daughter's last name. Now she is claiming that her new married name is ***** ***** last name when we had agreed it was one of her middle names.
Family Lawyer: Ely, Counselor at Law replied 8 months ago

There is no need to file a motion for clarification.

An agreement without a Judge's signature is not binding.

Just because they wrote something else later on into a document (in school, etc) does not mean her name is ***** *****

Her name is whatever the Judge put into the decree. Whatever is in the court record. Period.

If the ex is using a different name in school records, this can be changed by writing a letter to the school, explaining the situation, and including the decree with the name change. If a wrong name is ***** ***** on a government document, a letter to that government agency will do the same thing.

I mean technically you can do a motion for clarification but it is needless, as this can be resolved without getting the court involved by simply sending a letter of explanation and a copy of the name change decree to every place where the child's name is improper.

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Customer reply replied 8 months ago
She is using all the same names just trying to make what we had agreed as a middle name, our daughter's second last name.
ex: Sarah ***** ***** Jones
Sarah= first name
Alice=middle name
Smith=middle name (mother's new married name)
Jones=my last nameThe mother is putting Smith Jones as the last name on all documents. Everything has been very difficult with her (her lawyer is her sister-in-law). She is going to argue that both Smith and Jones are last names, when that's not what we agreed. The final orders signed off my the judge has the name Sarah ***** ***** Jones, but not designation as to what name is ***** ***** last etc.
Family Lawyer: Ely, Counselor at Law replied 8 months ago

Right - and that is what I mean. You simply have to send a letter to the school/whatever agencies she has the child's name entered wrongly, explain what she did, and include a copy of the decree. The school/organization should then fix the name itself.

She can argue whatever she wants, but the point is that the school and other organizations will decide what the child's name is*****

If you are saying the decree itself is unclear, then yes, you'd want a motion for clarification. This is done by:

1) Drafting said motion

2) Filing it with the clerk

3) Calling the court, getting a hearing date

4) Sending out said motion, summons, and a precept with the date and/or a separate notice with the date to the opposing party, and

5) Showing up for the hearing on the motion to have the Judge clarify the name change order/decree.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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