Can I legally change my childs name if his father has no parental rights? 1 Answers as of May 10, 2011If in a divorce decree it states the father will not have parental rights for two years, is there any way during those two years the mother would be able to legally change the child's name? Or would it still need a signature?
Reeves Law Firm, P.C. | Roy L. Reeves
I am not sure how he has no "rights" for 2 years. Either he has rights or not, this is not something that comes and goes. Now, does it say he has no "right to access or possession" for 2 years? If so, that is much different than rights. In Texas, there is visitation/possession and there are parental rights. These are two different things. So, if he has had his rights terminated (this is a permanent action, not something that takes place for 2 years) then you can petition to change the child's name. If he merely has no visitation for 2 years, you can still petition the court, but without the father's permission, you will most likely be told no.
Answer Applies to: Texas