Traditionally, after a couple splits up officially, courts rule that the father gets the first right to let his child keep his surname. However, there can be circumstances where this can become problematic. There are situations where ex-wives demand to change the tradition and change the last name of their child to their own. If you are not giving consent to this name change, can you be enforced by law to do it? What are the circumstances under which a court allows this procedure? Can this be prevented in any way?
Can an ex-wife appeal to the court to change your child’s surname?
According to the law, you get the automatic right to give your child your last name as long as you actively perform your parental role. Despite still having a bias in this, it is no longer true.
Today, a child’s name can be changed via court petition when it is proven in their best interest. The court considers several factors before granting a name change. These include the period in which the last name of the father was used, how strong the mother-child relationship was, and if there was a need for the child to identify themselves with a new family unit. This is required in case of the mother’s remarriage.
These factors are weighed against the significance and strength of the father-child relationship. It all boils down to the judge’s decision regarding the child’s best interest.
How can this affect your rights as a parent?
The important thing to remember is that even if your child’s last name is changed, it will not change your legally recognized identity as their father. Neither will this change impact the duties or rights of both parents regarding child support, visitation, rights of inheritance, etc. These can only be altered by court order, for example, a legal stepparent adoption or a new custody decree.
What role can you play to stop this name change?
When an ex-wife demands a child’s name change, she has to petition the court. There will be a hearing, and you will be notified about it in time. This will be conducted to demonstrate that you as a father have failed to fulfill parental duties or you are not sufficiently present in their life. She will try her best to prove that this will be in your child’s best interest. Remember that this will be legal information and not legal advice.
You must be present in the court hearing to present your case and defend your stance. If you convince the jury that you are playing an active role in the child’s life and not neglecting your responsibilities, chances are that your ex-wife’s appeal goes unentertained. The first thing you need to do is hire an attorney and prepare a case. Most of the time, name changes are done where you file back in the court of exclusive continuing jurisdiction, which would be the court that ordered the last final order regarding your children.
However, if you fail to achieve this or do not make it to the court for some reason, the court will decide based on the well-being of the child and their best interest.
You have a fair chance at stopping your ex-wife legally regarding the changing of the last names of the child. Hire an attorney to safeguard your rights and help decide on your child’s best interest.
If a father intends to fight back or agrees in court, he must contact an attorney to legally proceed with the case. If you are unwilling to allow the name change, the court should be presented with facts regarding your proactive role in the child’s life. The attorney will help you present as an ideal father figure and enhance the chances of denying your ex’s request.
Hire an Experienced Attorney in Fort Worth, Texas
It is your right as a father to exercise the right naturally given to you. If you believe there is no solid ground for what your ex-wife demands and that you are delivering what is expected from you, an experienced attorney can assist by presenting you in the best possible light in front of the judge. A competent and experienced attorney will solidify your case and help you let the child keep your last name.
