Does The Father Who Molested the Child Need to Consent to a Name Change?
Full Question:
Answer:
The answer will depend in part on whether the father's parental rights were terminated. If not, he will be required to be given notice of the petition and the opportunity to object. However, his conviction for molesting her may well support a need for name change for the court in determining her best interests, which is the overall determining factor for the court, based on all the facts involved.
A name change may be made as part of an adoption proceeding or a name change proceeding. A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides. The court must find that the name change is for the benefit of or in the interests of the minor. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. The other parent will be notified and given an opportunity to object to the name change. The court must believe you are not asking to change the minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, you must provide evidence that shows the judge that the requested name change is in the child’s best interests.
To determine whether a name change is in a child’s best interests, the court examines several factors, including, among others, the length of time that the child has used his or her current name; the child’s identification as part of a family unit; the potential anxiety, embarrassment, or discomfort that the child might experience if the child has a surname different from that of the custodial parent; and, if the child is old enough to express it, the child’s preference.
See the link below for a Name Change Package for a minor in the state of Texas. This package contains
(1) State Specific Information on Change of Name,
(2) Steps to Change the Minor’s Name,
(3) Forms Required and
(4) Access to State Specific Law Summary
Please see the following TX statutes:
§ 45.003 FAM. Citation
(a) The following persons are entitled to citation in a suit under this
subchapter:
(1) a parent of the child whose parental rights have not been
terminated;
(2) any managing conservator of the child; and
(3) any guardian of the child.
(b) Citation must be issued and served in the same manner as under
Chapter 102.
§ 162.001 FAM. Who May Adopt and be Adopted
(a) Subject to the requirements for standing to sue in Chapter 102, an
adult may petition to adopt a child who may be adopted.
(b) A child residing in this state may be adopted if:
(1) the parent-child relationship as to each living parent of the child
has been terminated or a suit for termination is joined with the suit for
adoption;
(2) the parent whose rights have not been terminated is presently the
spouse of the petitioner and the proceeding is for a stepparent adoption;
(3) the child is at least two years old, the parent-child relationship
has been terminated with respect to one parent, the person seeking the
adoption has been a managing conservator or has had actual care,
possession, and control of the child for a period of six months preceding
the adoption or is the child's former stepparent, and the nonterminated
parent consents to the adoption; or
(4) the child is at least two years old, the parent-child relationship
has been terminated with respect to one parent, and the person seeking
the adoption is the child's former stepparent and has been a managing
conservator or has had actual care, possession, and control of the child
for a period of one year preceding the adoption.
(c) If an affidavit of relinquishment of parental rights contains a
consent for the Department of Protective and Regulatory Services or a
licensed child-placing agency to place the child for adoption and
appoints the department or agency managing conservator of the child,
further consent by the parent is not required and the adoption order
shall terminate all rights of the parent without further termination
proceedings.
§ 162.002 FAM. Prerequisites to Petition
(a) If a petitioner is married, both spouses must join in the petition
for adoption.
(b) A petition in a suit for adoption or a suit for appointment
of a nonparent managing conservator with authority to consent to
adoption of a child must include:
(1) a verified allegation that there has been compliance with
Subchapter B; or
(2) if there has not been compliance with Subchapter B, a verified
statement of the particular reasons for noncompliance.
§ 162.010 FAM. Consent Required
(a) Unless the managing conservator is the petitioner, the written
consent of a managing conservator to the adoption must be filed. The
court may waive the requirement of consent by the managing conservator if
the court finds that the consent is being refused or has been revoked
without good cause. A hearing on the issue of consent shall be conducted
by the court without a jury.
(b) If a parent of the child is presently the spouse of the
petitioner, that parent must join in the petition for adoption and further
consent of that parent is not required.
(c) A child 12 years of age or older must consent to the adoption in
writing or in court. The court may waive this requirement if it would
serve the child's best interest.
§ 162.016 FAM. Adoption Order
(a) If a petition requesting termination has been joined with a
petition requesting adoption, the court shall also terminate the
parent-child relationship at the same time the adoption order is
rendered. The court must make separate findings that the termination is
in the best interest of the child and that the adoption is in the best
interest of the child.
(b) If the court finds that the requirements for adoption have been met
and the adoption is in the best interest of the child, the court shall
grant the adoption.
(c) The name of the child may be changed in the order if requested.
