Can the father change the infant’s last name to his?

If the father asks to have his name on the child, that request will most likely be granted by the court. This is an old Texas common law rule that the father has a protectable interest in the child bearing his surname. In re Baird, 610 S.W.2d 252 (Tex. Civ. App. — Fort Worth 1980, no writ). You could ask that the child’s name be hyphenated with yours, or request that the father’s name be a middle name, but these requests would be at the judge’s discretion.

Call 214-373-9292 or contact us to discuss your concerns.

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