minor name change

[johndebkash]

My wife and I have raised and had full custody of our 4 year old grandson since he was 3 weeks old. We are Managing Conservators and moved from Texas to be near our own families. Texas is where the Child Protective Services case was decided. Our daughter, the mother, and the biological father still reside in Texas and pay minimum child support(sporadically). We would like to change our grandson's name to our last name before he starts school. We are on good terms with our daughter, she has gotten off drugs but still doesn't want to raise her son. She would oppose the name change.

We are not on good terms with the father who is no longer with our daughter. He would also oppose it. Can we do a simple, inexpensive change? Or, could we just tack our last name onto his, at least for school purposes? How could that work in a way that he can use our last name as his? How would we go about it? We can't afford adoption at this time.

 

[BayState]

My wife and I have raised and had full custody of our 4 year old grandson since he was 3 weeks old. We are Managing Conservators and moved from Texas to be near our own families. Texas is where the Child Protective Services case was decided. Our daughter, the mother, and the biological father still reside in Texas and pay minimum child support(sporadically). We would like to change our grandson's name to our last name before he starts school. We are on good terms with our daughter, she has gotten off drugs but still doesn't want to raise her son. She would oppose the name change.

We are not on good terms with the father who is no longer with our daughter. He would also oppose it. Can we do a simple, inexpensive change? Or, could we just tack our last name onto his, at least for school purposes? How could that work in a way that he can use our last name as his? How would we go about it? We can't afford adoption at this time.

You can NOT change the name of this child without the permission from BOTH parents. Why on earth would you even consider this? Did you have permission from the court or BOTH parents to move the child out of state? Is CPS still involved with this child or the parents?

 

[Green_Hornet]

My wife and I have raised and had full custody of our 4 year old grandson since he was 3 weeks old. We are Managing Conservators and moved from Texas to be near our own families. Texas is where the Child Protective Services case was decided. Our daughter, the mother, and the biological father still reside in Texas and pay minimum child support(sporadically). We would like to change our grandson's name to our last name before he starts school. We are on good terms with our daughter, she has gotten off drugs but still doesn't want to raise her son. She would oppose the name change.

We are not on good terms with the father who is no longer with our daughter. He would also oppose it. Can we do a simple, inexpensive change? Or, could we just tack our last name onto his, at least for school purposes? How could that work in a way that he can use our last name as his? How would we go about it? We can't afford adoption at this time.

In most states, if you adopted your grandson the birth certificate should already acknowledge the new last name.

When a child is legally adopted the child's original birth certificate is amended by court order. The birth certificate will then bear the surname of the adoptive parents not the biological. Adoption records are sealed by order of the court unless the involved parties have agreed to an "open adoption".

So a name change would be done through the district court for a low filing fee and an appearance before a judge. No attorney needed.

If you have not filed for adoption you need to do so.

 

[ohiogranny]

They can't change the child's name, and they can't adopt him without the parents' consent. There is no basis to involuntarily terminate their rights.

OP, do you have legal custody, or does CPS?

He has a different surname. Not that unusual these days. Deal with it.

 

[Green_Hornet]

Well they already have Managing Conservatorship, so they can file for adoption without the parents consent. Big $$$$

Grandparents in Texas can petition the court for custody of their grand children if the children have lived with them for at least six months and they file the petition for custody within 90 days of the date the children were no longer living with them. The poster has had custody for almost a year. They may also petition for custody if there is an emergency that endangers the health or wellbeing of the children. The poster makes this claim as well.

Grandparents have the burden of proof to demonstrate that the children are better off with the grandparents and must also prove that living with a parent would be harmful to the child.

That said, they have the burden of proof and it is a difficult burden to meet. It is not enough to simply show that the children are better off with the grandparents; they must also prove that living with a parent would be harmful to the child. If the poster meets this heavy burden and trumps up the doe. The grandparents can adopt through the court without the parents consent. If CPS is involved-not good for the parents.

 

[ohiogranny]

Well they already have Managing Conservatorship, so they can file for adoption without the parents consent. Big $$$$

Won't they need grounds for that? I'm curious. How does "custody" turn into TPR and adoption?

Grandparents in Texas can petition the court for custody of their children if the children have lived with them for at least six months and they file the petition for custody within 90 days of the date the children were no longer living with them. The poster has had custody for almost a year. They may also petition for custody if there is an emergency that endangers the health or wellbeing of the children. The poster makes this claim as well.

Re the bolded...you meant grandchildren? And did you mean "living with them"? Confused here...

The grandparents can adopt through the court without the parents consent. If CPS is involved-not good for the parents.

Again...do they have grounds? Just wondering if things are that different in TX.

 

[Duranie]

Unless you have adopted the child, which does not appear to be the case, you have no grounds to change the child's last name. you just cannot do something like this without permission of both parents.

 

[Green_Hornet]

=ohio_granny;95284]Won't they need grounds for that? I'm curious. How does "custody" turn into TPR and adoption?

Absolutely as I wrote in the last paragraph.... the burden of proof and it is a difficult burden to meet. It is not enough to simply show that the children are better off with the grandparents; they must also prove that living with a parent would be harmful to the child. Thats a very tough nut to crack.

Re the bolded...you meant grandchildren? And did you mean "living with them"? Confused here...

Yes on grand children sorry for the confusion. I'll edit that. It's living with grand parent at least six months, and less than 90 days after the parents have the child in their custody.

For example: if the parent was single and ended up in jail for a year, the single parent regains custody upon release from jail from the grandparents. If the grandparents misses the 90 day tolling they can not file for an adoption. So on day 91 the window is closed the grandparents loose the opportunity to petition for custody. Does that make sense? Sorry for the confusion.

One other thing i left out: the grandparent may also petition for custody if there is an emergency that endangers the health or well being of the children, irregardless of the 90 day tolling. Remember this is just giving cause to petition, it in no way guarantees an adoption that is up to the judge.

The poster appears to have met the burden to petition to adopt, now comes coughing up a lot money. The poster appears not to be able to afford it according to his post.

Again...do they have grounds? Just wondering if things are that different in TX.

The adoption or family law attorney will have to figure that out. One thing is certain the grandparents need to adopt the grandchildren for a lot more reasons than a name change. If the grandparents lack standing a family law attorney will not take the case. If the grandparents have standing, but lack the money to file the adoption,and legal cost. Well its all over unless some one knows an additional source of funding legal costs.

 

[ohiogranny]

Wow, I knew things were a bit different there, but....wow.
Here in Ohio it's not easy to TPR. I'm not sure it's that easy for a third party to get custody, let alone adopt. There have to be a number of factors met to TPR, including not supporting or having contact for at least a year. Others, of course, include being convicted of crimes against minors, etc.

I belong to a grandparents-raising-grandchildren board and I've never heard of that 90 day rule. And I agree that if the OP has had custody for 4 years, that SHOULD entitle them to petition for adoption. That's way too long for the child to wait for stability.

Thanks for clarifying.

ps...to the OP...I may have been mis-informed, but you didn't have to call me a name in the reputation thingy. I'm still wondering what role CPS had in all this.

 

[Green_Hornet]

Well if your interested granny here is the blog. Its a legitimate firm with lots of links to streamline research. Family law is not really my bag it was a no post day on the labor side. The post caught my attention because there is a problem with grandparents rights in my view, your absolutely correct about that I agree 100%. http://chrislawyer.blogspot.com/2008/01/grandparents-rights-in-texas-cont.html Heres another http://www.northtexasfamilylawblog.com/

The problem with grandparents in many cases is they are fixed incomes, and the cost to launch a petition starts at 10,000 bucks and it just keeps climbing, the biological parents kick up a fuss the costs could easily rise to $50,000. No easy answers thats for sure, good luck in Ohio.