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 to take place? Can this be prevented in any way?
Can an ex-wife appeal to the court for changing your child’s surname?
According to law, you get the automatic right to give your child your last name as long as you continue to 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 can be proven that it is in their best interest. Court considers several factors before granting a name change. These include the time period the last name of the father has been used, how strong the mother-child relationship is, and if there is a need for the child to identify themselves with a new family unit. This is required in case of remarriage of the mother.
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 best interest of the child.
How can this affect your rights as a parent?
The important thing to keep in mind is that even if the last name of your child is changed, it will not be changing your legally recognized identity as their father. Neither will this change impact the duties or rights of both of the 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 in an attempt 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 the best interest of your child. Remember that this will be legal information and not legal advice.
You will have to 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 make a decision 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 the best interest of your child.
If a father intends to fight back or agrees in court, he needs to 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 that is naturally given to you. If you believe there is no solid ground for what your ex-wife is demanding and that you are delivering what is expected from you, an experienced attorney can be of assistance 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.
