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Can my children take my new spouse’s name if I remarry?

Changing the name of a child does not alter the legal identity of the father, and the court will typically only allow for a child’s name to be changed when the new father is assuming legal custody of the child or adopting him or her. In these situations, a court order to change the child’s name will be included in the decree. A father cannot be forced to abandon their parental rights, and unless changing the child’s name can clearly be demonstrated to be in the best interests of the child, such an order is unlikely to be granted.

To learn more about parental rights and the legal status of a child’s name following a divorce or in the process of adoption, call Holmes, Diggs & Sadler today at (713) 802-1777 and speak directly with our experienced Houston divorce lawyers.

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