PDA

View Full Version : Any lawyers in the house?



thispego
01-06-2012, 11:23 AM
Trying to get my sons last name changed from his mother's last name to my last name. We filled out the 'Petition to Change the Name of a Child' and had it notarized and everything. I took it to the court house and the clerk said to me "you know I can't give legal advice, but if you were able to speak to a lawyer, they could tell you howto get this petition filed and the name changed for free (or for a lot less than the $265 filing fee they normally charge). Anyone have any idea what she is talking about? I was referred to a lawyer here in town by the State Bar that spoke to me for about 10 minutes and he laughed and said no way, a lawyer would cost you $500 minimum---he may have known a loophole around the filing fee but as some asshole lawyers go, wasn't willing to tell me for free.

So help me out with this if you know anything!

Frenzy
01-06-2012, 11:26 AM
You have a kid? For some reason I thought you hate all kids.

thispego
01-06-2012, 11:29 AM
Nah, just ugly ones

thispego
01-06-2012, 11:30 AM
Ugly babies specifically. And obese parents that let their children become obese. But that's neither here nor there

Destro
01-06-2012, 11:55 AM
$265 is going to be cheaper than an attorney. Just bite the bullet and be done with it

BlackSwordsMan
01-06-2012, 11:57 AM
A rose is still a rose in any other name.

Monostradamus
01-06-2012, 12:21 PM
Bastard from a basket! Bastard from a basket!

thispego
01-06-2012, 12:34 PM
$265 is going to be cheaper than an attorney. Just bite the bullet and be done with it

Well yeah, but the suggestion by the clerk was not to hire an attorney, it was to "find the loophole" to not paying the filing fee... I don't know, all I found was an 'Affidavit of Inability to Pay Costs' but I don't think I'll qualify

mrsmaalox
01-06-2012, 12:34 PM
My memory is foggy, but my cousin told me about trying to do this with her kid a few years ago. As I recall, if the kid is over one year old there is no way to get around filing the petition and paying that fee. If the kid is under a year, then all that has to be done is an amendment to the birth certificate, which costs around $25. Maybe that is the "loophole" the clerk was talking about. I think $265 is probably less than any attorney would charge just to answer your question.

thispego
01-06-2012, 12:39 PM
Makes sense maalox, honestly not sure what the clerk may have meant, but I've hit a wall on trying to figure it out. I'm just going to give them the $265 and be done with it

Viva Las Espuelas
01-06-2012, 12:52 PM
Next time, do her in the butt or pick a better mate :toast

silverblk mystix
01-06-2012, 12:55 PM
I'm no lawyer...

but I did stay at a Holiday Inn Express last week...


pay the $265 and save yourself the time and hassle...

The_Worlds_finest
01-06-2012, 01:02 PM
Have u checked that obscure magical site called google?

thispego
01-06-2012, 01:23 PM
Next time, do her in the butt or pick a better mate :toast

That's my future wife you're talkin 'bout there, buddy

thispego
01-06-2012, 01:24 PM
Have u checked that obscure magical site called google?

Naaaaaaaaturally

BlackSwordsMan
01-06-2012, 01:24 PM
Uh! I Got no card so I got no soul
Life in prison no parole no control
Jura got my number on a wire tap'
Cause I jack for similac' fuck a Cadillac survive

BlackSwordsMan
01-06-2012, 01:25 PM
Naaaaaaaaturally

''Have you tried fucking your mother some more?''

4>0rings
01-06-2012, 02:00 PM
Bastard from a basket! Bastard from a basket!
:rollin:rollin:rollin:rollin:rollin:rollin:rollin: rollin:rollin:rollin

Spam
01-06-2012, 02:13 PM
You should have married the mother of your child and totally avoided this issue.
Sincerely,
Rick Santorum

Chief Brody
01-06-2012, 02:18 PM
Well yeah, but the suggestion by the clerk was not to hire an attorney, it was to "find the loophole" to not paying the filing fee... I don't know, all I found was an 'Affidavit of Inability to Pay Costs' but I don't think I'll qualify

I thought you made minimum wage, scro. You should definitely qualify imho

thispego
01-06-2012, 02:33 PM
I thought you made minimum wage, scro. You should definitely qualify imho

Yeah I've been out of that job for a while now. Try and keep up.

stretch
01-06-2012, 02:37 PM
Yeah I've been out of that job for a while now. Try and keep up.

Hit up Koriwhat. He could probably get you a secretary or receptionists job.

mavs>spurs
01-06-2012, 03:38 PM
Yeah I've been out of that job for a while now. Try and keep up.

you finally crack them big double digits?

Heath Ledger
01-06-2012, 03:43 PM
Changing his name won't change the fact that hes your kid and will be just as fucked up and worthless as you.

Viva Las Espuelas
01-06-2012, 03:49 PM
:lmao

monosylab1k
01-06-2012, 03:54 PM
Changing his name won't change the fact that hes your kid and will be just as fucked up and worthless as you.

:lol HL with the rare goods. That diss cut thispego up quicker than a Hanzo sword.

Heath Ledger
01-06-2012, 03:55 PM
Not only is he a douche bag but he's a cheap ass broke bitch as well.

Viva Las Espuelas
01-06-2012, 04:12 PM
:lmao

Kori Ellis
01-06-2012, 04:56 PM
The child's last name can be changed to the father's last name if both parents are in agreement and they both sign the Application for a New Birth Certificate Based on Parentage in the presence of a notary public.

Here's the info on the form:

http://www.dshs.state.tx.us/vs/reqproc/amendparentage.shtm

Send it in with $25 (plus $22 if you want a copy of the new birth certificate), along with an Acknowledgement of Paternity.

Here's info about how to get the Acknowledgement of Paternity form:
http://www.dshs.state.tx.us/vs/reqproc/faq/paternity.shtm#a19

You're welcome.

Heath Ledger
01-06-2012, 04:59 PM
The only job thispego is gonna get doesn't pay any money but its high in protein.

thispego
01-06-2012, 05:32 PM
lol heath you are sad and I still feel sorry for you and your kid. You gonna tell him what daddy does when he gets older? You don't want him to be ashamed of you...

thispego
01-06-2012, 05:38 PM
The child's last name can be changed to the father's last name if both parents are in agreement and they both sign the Application for a New Birth Certificate Based on Parentage in the presence of a notary public.

Here's the info on the form:

http://www.dshs.state.tx.us/vs/reqproc/amendparentage.shtm

Send it in with $25 (plus $22 if you want a copy of the new birth certificate), along with an Acknowledgement of Paternity.

Here's info about how to get the Acknowledgement of Paternity form:
http://www.dshs.state.tx.us/vs/reqproc/faq/paternity.shtm#a19

You're welcome.
Thanks Koko but isn't this instructions for howto amend the birth certificate to reflect his new name after it's legally changed?

Kori Ellis
01-06-2012, 05:41 PM
I'm almost positive that's how you can legally change it.
http://www.dshs.state.tx.us/vs/reqproc/faq/paternity.shtm - Read the answer to the question, "What about changing the child's last name?"

You first have to do that Acknowledgement of Paternity form (get it from the Texas Attorney General's office) and then I think you can just change the birth certificate as I indicated above. I'm no lawyer, but I think this the work around to paying the high filing fee.

thispego
01-06-2012, 05:44 PM
I'm almost positive that's how you can legally change it.
http://www.dshs.state.tx.us/vs/reqproc/faq/paternity.shtm - Read the answer to the question, "What about changing the child's last name?"

You first have to do that Acknowledgement of Paternity form (get it from the Texas Attorney General's office) and then I think you can just change the birth certificate as I indicated above. I'm no lawyer, but I think this the work around to paying the high filing fee.

Interesting, I'll look into it further and see if this will get it taken care of. Thanks Kori! You want a spur or something?

monosylab1k
01-06-2012, 05:59 PM
Why didn't you get this taken care of when the bastard was born?

2Blonde
01-06-2012, 06:06 PM
Pego,
What the lawyer told you is correct. There is no way to get around the filing fee. Realistically, you are looking at $500- 700 for lawyer fees + the filing fees if you go that route. Remember that the lady who works in the court clerk's office is there because she didn't go to law school.

We changed my daughter's last name about 18 months ago and, after talking to my sister ( a lawyer ), went the do it yourself route like you are doing. It was easy & painless. We filed the papers in the clerk's office & then were sent over to the judge's clerk to set a hearing date. We got a date about 30 days out. That morning we went to court & when it was our turn on the docket, the judge asked my daughter the reason for the name change. She told him she wanted mine & her stepdad's last name, as we were the ones who raised her. He said "Congratulations, your are now XXXXXX NewLastName". Then we went back to the clerk's office and paid for about 10 certified copies of the decree since I didn't know what agencies would need to keep certified copies on file & which ones would give them back.

I didn't see how old your daughter was. We did it after my daughter turned 18 b/c her sperm donor (her nickname for him, not mine) wouldn't sign off when she was minor. WHen she was younger she wanted to hypenate her old last name & her new one, but after the way he handled it along with some other issues, she just wanted to drop his name altogether. In the end, I talked her into making her old last name a second middle name. That way it would be there for genealogy purposes.

Good luck.

thispego
01-06-2012, 06:29 PM
Pego,
What the lawyer told you is correct. There is no way to get around the filing fee. Realistically, you are looking at $500- 700 for lawyer fees + the filing fees if you go that route. Remember that the lady who works in the court clerk's office is there because she didn't go to law school.

We changed my daughter's last name about 18 months ago and, after talking to my sister ( a lawyer ), went the do it yourself route like you are doing. It was easy & painless. We filed the papers in the clerk's office & then were sent over to the judge's clerk to set a hearing date. We got a date about 30 days out. That morning we went to court & when it was our turn on the docket, the judge asked my daughter the reason for the name change. She told him she wanted mine & her stepdad's last name, as we were the ones who raised her. He said "Congratulations, your are now XXXXXX NewLastName". Then we went back to the clerk's office and paid for about 10 certified copies of the decree since I didn't know what agencies would need to keep certified copies on file & which ones would give them back.

I didn't see how old your daughter was. We did it after my daughter turned 18 b/c her sperm donor (her nickname for him, not mine) wouldn't sign off when she was minor. WHen she was younger she wanted to hypenate her old last name & her new one, but after the way he handled it along with some other issues, she just wanted to drop his name altogether. In the end, I talked her into making her old last name a second middle name. That way it would be there for genealogy purposes.

Good luck.

Thanks for the thoughtful response 2blonde. My son will be 2 in February, I wonder if Kori is on to something, or if mrsmaalox had it right when she said it could only be done Kori's way if he was <1yo. What you've said sounds accurate though with what everyone else has told me. Too bad for your daughters 'sperm donor' not being a part of her life is his loss.

thispego
01-06-2012, 06:31 PM
Why didn't you get this taken care of when the bastard was born?

Basically, because I was a selfish jerk.

2Blonde
01-06-2012, 06:47 PM
It looks like was Kori posted is defintely worth a try, as long as the mother will sign off as well. I noticed when reading the FAQ's on the link that the state will keep the notarized copies permanently. It might be worth it to get two copies of the paternity form notarized as a back up.

monosylab1k
01-06-2012, 06:55 PM
Basically, because I was a selfish jerk.

Took the case to Maury and got told you WERE the father?

Tree of Woe
01-06-2012, 07:01 PM
Ugly babies specifically. And obese parents that let their children become obese. But that's neither here nor there

you must of hated mookies parents tbh

thispego
01-06-2012, 07:31 PM
It looks like was Kori posted is defintely worth a try, as long as the mother will sign off as well. I noticed when reading the FAQ's on the link that the state will keep the notarized copies permanently. It might be worth it to get two copies of the paternity form notarized as a back up.

Oh yeah, she's all for it. I'm gonna give Kori's suggestion a try on Monday. Sounds too good to be true though.

Cant_Be_Faded
01-06-2012, 07:34 PM
Mook was born only 8 oz. believe it or nottt

thispego
01-06-2012, 07:36 PM
Took the case to Maury and got told you WERE the father?

Rofl, nah I knew I was the father, had dated the girl for 5 years, fought alot, broke up, had sex one last time, she moved away, got pregnant.

thispego
01-06-2012, 07:37 PM
you must of hated mookies parents tbh

And his parents are thin and healthy. Mook is not fat, he's just big boned

Cant_Be_Faded
01-06-2012, 07:43 PM
they were able to carry him on the curvature of a small spoon tbh

thispego
01-06-2012, 07:45 PM
Rofl its true

ploto
01-06-2012, 08:41 PM
Are you already on the birth certificate as the father- is it blank- or is someone else's name there?

ploto
01-06-2012, 08:43 PM
To supplement what Kori posted:

When an application for a new birth certificate based on parentage is submitted along with a certified copy of a marriage license or an Acknowledgment of Paternity, the parents can, in most cases, change the child's name without needing a court-ordered change of name.

http://www.dshs.state.tx.us/vs/reqproc/amendparentage.shtm

Kori Ellis
01-06-2012, 08:53 PM
To supplement what Kori posted:

When an application for a new birth certificate based on parentage is submitted along with a certified copy of a marriage license or an Acknowledgment of Paternity, the parents can, in most cases, change the child's name without needing a court-ordered change of name.

http://www.dshs.state.tx.us/vs/reqproc/amendparentage.shtm

Yeah, that's why I think it will work. He just needs to get an Acknowledgement of Paternity, then he and his baby's mama need to sign the application for a new birth certificate based on parentage and get it notarized. Then he should be able to submit it with that small fee and get it changed (and get the new birth certificate).

Cant_Be_Faded
01-06-2012, 08:57 PM
had no idea pego loved kori this much t b h h h h

thispego
01-06-2012, 09:00 PM
Are you already on the birth certificate as the father- is it blank- or is someone else's name there?

My name is on it

thispego
01-06-2012, 09:02 PM
go to catholic charities dey gotz practically-free lawyas

Im not indigent so I don't qualerfy

thispego
01-06-2012, 09:04 PM
Yeah, that's why I think it will work. He just needs to get an Acknowledgement of Paternity, then he and his baby's mama need to sign the application for a new birth certificate based on parentage and get it notarized. Then he should be able to submit it with that small fee and get it changed (and get the new birth certificate).

Ill let you know how it goes Kori! :tu

Cant_Be_Faded
01-06-2012, 09:04 PM
just tell 'em you're Portuguese tBh h hh h hhhhhhhhh

Cant_Be_Faded
01-06-2012, 09:05 PM
dettts how rita929 got immigration advice in atx

exactly

just act non-native and they help you

Cant_Be_Faded
01-06-2012, 09:06 PM
LOL we should tack a thread to the top of The Club titled

"Help thispego bring his kid back from Portugal, serious posts only plz"

thispego
01-06-2012, 09:17 PM
oh you guys

thispego
01-06-2012, 09:22 PM
You must be outraged

Kori Ellis
01-06-2012, 09:28 PM
had no idea pego loved kori this much t b h h h h

He tried to get a date for his son with my daughter, even though she's out of his league ;) So, I was just trying to help him out. The boy should have his last name. I'm not sure my tips will work, but it seems like they should.

thispego
01-06-2012, 09:34 PM
Tell you what Kori, as thanks, let's set up an arranged marriage between little Kori jr and Wesley. They would be perfect together and both of our families would benefit. What do you say? OK, is final.

LnGrrrR
01-06-2012, 09:48 PM
Basically, because I was a selfish jerk.

Surprising tbqh

thispego
01-06-2012, 09:52 PM
Surprising tbqh

Meh, it's all hindsight, I learned the error of my ways and it made me a better man. I was here for his birth and onward so that's all that matters.

Nathan Explosion
01-06-2012, 10:01 PM
Let me know how that turns out because I have to do the same thing with my son. My ex-wife wanted him to have her last name as his second middle name and my last name as his real last name. We fought over this because I kept telling her they would screw it up. When she asked how I knew, I reminded her that my middle name is G (how you screw up a name and make it an initial is beyond me).

Sure enough, they screwed his last name up and now he has two last names on all official documents. My daughter they got correct, but I'm actually thinking of having both their names changed and dropping their mom's last name altogether to avoid confusion (not to mention that since I'm raising the kids on my own, I think they should have a name that accurately reflects their real parental situation).

She hates mexican traditions, and yet, went with the one where the kid has both last names and it screwed everything up.

LnGrrrR
01-06-2012, 10:10 PM
Meh, it's all hindsight, I learned the error of my ways and it made me a better man. I was here for his birth and onward so that's all that matters.

:tu

Can't hate on any Dad trying to be there for his kid. It certainly isn't easy, but it's worth it.

LnGrrrR
01-06-2012, 10:11 PM
She hates mexican traditions, and yet, went with the one where the kid has both last names and it screwed everything up.

My wife wanted to do that, and I said hell no. I can't imagine how much screwed up paperwork that would generate. :lol

thispego
01-06-2012, 10:11 PM
How do they screw it up? don't you write it on the petition exactly as you want it? What's to screw up?

Richard Cranium
01-06-2012, 11:17 PM
I wonder how much it cost Ochocinco

thispego
01-06-2012, 11:51 PM
85 dollhairs

Heath Ledger
01-07-2012, 03:40 PM
thispego ever heard of a condom? some people have no business reproducing.
let me know when your dads around so I can smack him for not wearing a condom.

thispego
01-07-2012, 06:23 PM
thispego ever heard of a condom? some people have no business reproducing.
let me know when your dads around so I can smack him for not wearing a condom.

Lame talk from a lame person.

Talking about people who shouldn't reproduce, go look in the mirror brah. The world doesn't need another ugly baby, I can promise you that.

thispego
01-07-2012, 06:24 PM
I produce perfect babies so I couldn't empathize with you, sorry.

GoodOdor
01-07-2012, 06:35 PM
minimum wage+babies that you can't be sure are yours?

lol white trash.

thispego
01-07-2012, 09:00 PM
minimum wage+babies that you can't be sure are yours?

lol white trash.

badodor late to the party again and not sure what the thread is about :lol pretty typical

mavs>spurs
01-07-2012, 10:11 PM
we were all under the impression that this thread about about shitting on you. looks like he's par the course.

thispego
01-07-2012, 11:11 PM
I'm convinced I could start a thread about drier lint and it would make 5 pages within two days. Y'all are fuckin sad and when you think you're "shitting on me" you're actually bowing to me. No bullshit, I'm flattered, but fuck off.

mavs>spurs
01-07-2012, 11:25 PM
I'm convinced

:lol

DMC
01-08-2012, 12:53 AM
Im not indigent so I don't qualerfy
Lose your job for a week.

DMC
01-08-2012, 12:54 AM
I'm convinced I could start a thread about drier lint and it would make 5 pages within two days. Y'all are fuckin sad and when you think you're "shitting on me" you're actually bowing to me. No bullshit, I'm flattered, but fuck off.

You mean "dryer lint"?

No wonder she didn't want the kid to have your last name, you probably cannot even spell it.

http://public.wsu.edu/~brians/errors/drier.html

thispego
01-08-2012, 02:33 PM
Start a thread about

thispego
01-08-2012, 02:34 PM
:lmao lol linking to the proper spelling of dryer

I could spell circles around you though, I could also fish circles around you tbh tbqh.

Nathan Explosion
01-08-2012, 09:21 PM
How do they screw it up? don't you write it on the petition exactly as you want it? What's to screw up?

We did write it exactly as we wanted it. The problem is, you're talking to someone who's going to tell someone else. And when one of you pushed out the baby (luckily not me) and the other one stayed up the whole time with the wife and was having severe lack of sleep issues, sometimes you forget to explain it that crucial 5th time.

We didn't find out until income tax time when we tried to claim my son. The name we gave didn't match with the social security number we were giving, and every time we looked at his card, it looked good. It then dawned on us what happened and I looked at the wife and just gave her the "I told you so" look.

To this day I have to sign affidavits and forms showing that he is indeed my son, even though my last name is the second half of his last name. Fucking insurance will try to do anything to get out of insuring someone.

My daughter's is correct because we made sure to tell them more than 5 times how we wanted it. But in the end, I think it will just be easier to remove the mom's last name and just keep mine, especially since I'm raising them, thereby eliminating any real need to have her last name on those official documents.

Nathan Explosion
01-08-2012, 09:27 PM
My wife wanted to do that, and I said hell no. I can't imagine how much screwed up paperwork that would generate. :lol

Oh, it does generate extra paperwork. Sometimes I just feel like telling the people, "My last name is still there, it's just half of his last name. But it's still there" whenever I try to do anything with him.

Fucked up part is it's actually harder for me to do official things on his behalf instead of the mother doing it. I don't make excuses for dad's who run off, but shit our society makes things twice as hard for the dad to do things (happens with my daughter too, so it's not the name) than it would be for the mom.

And when we're in person, I feel like telling people who give me the look before handing me the extra forms, "Look at my son. Now look at me. If I showed you a picture of me at age 5, you couldn't tell the difference. That's my son."

thispego
01-24-2012, 11:16 AM
UPDATE: just to put a neat little bow on this thread... You MUST leagally change the childs name in order to submit the paperwork that Kori suggested. So apparently there is no way around the filing fees for the 'order to change childs name'. No big deal, got the name changed a couple weeks ago, now all I need to do is ammend the birth certificate by sending off the request and including an official copy of the 'order to change childs name'. So thanks everyone for your advice!