The divorce decree is proof of your legal name change; you can use it to update your name on all your accounts, licenses, and ID cards. Funding: This website is supported by the Texas Access to Justice Foundation. The judge may choose to have you testify; that is, swear an oath attesting to the truthfulness of the provided information and that the name change is in the public’s interest. In Texas, there are several types of custody orders: Sole custody. Any parent, managing conservator, or guardian of the minor may file for a legal name change in the county where the minor resides. First, download and complete the Application for a Social Security Card Form. Prepare the Original Petition for Change of Name of Child, keeping the basic format shown. Forms for child name change filed by both parents. SUBTITLE C. CHANGE OF NAME. We want to change the child’s name because: c. We believe the requested name change is in the child’s best interest. You may use this form as a “fill in the blank” if it fits your set of circumstances. A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides. Service by Publication (TexasLawHelp.org) Tell the judge that you want to serve the other parent by publishing in a … 45.002. The clerk will file-stamp each form and return to you the Petition, Order, and Consent Forms. Both parents and any other person who has a court-ordered right and interest in the child must grant consent. 20, Sec. Leave the date, judge’s name, and judge’s signature fields blank on the Order Form. You need not sign the Petition in front of a notary public; however, you are signing the form under penalty of perjury (“Declaration” section of the Petition Form). The name change is for me. FREE, Not for Sale:  The information and forms available on this website are free. File your child name change case at the district clerk’s office in the county where the child lives. The Houston Texans in their current state, in no way, shape, or form, represent Texas or Texans. You must get a court order to legally change your child’s name. Use the second set of instructions if only one parent will file the request for name change. Visit your county’s courthouse and file all the forms except for the Order Form with the court clerk. Instructions & Forms for Child Name Change: Both Parents Agree to File Together, Instructions & Forms for Child Name Change - One parent filing - Other parent will be served, Instructions & Forms for Child Name Change - One parent filing - Other parent dead or rights terminated, Instructions and Forms for Child Name Change - Nonparent Conservator Will File - Parents, Other Conservators, or Legal Guardians Will Be Served. Many people wish to change their name after they get divorced, in the case where they have taken the name of their now-divorced spouse. They are presented for illustration purposes only. TX Family Code § 45.001). Name Change Forms | How to Legally Change Your Name, Adult Name Change (No Marriage or Divorce), Petition for Change of Name of Adult Form, Order Granting Change of Name of Adult Form, Petition to Change the Name of a Child Form, Information on Suit Affecting the Family Relationship Form, Certificate of Last Known Mailing Address, Individual has received a certificate of discharge, Individual has completed a period of community supervision or probation ordered by a court, Individual has notified the appropriate law enforcement agency of the name change and provides proof for the court (sex offender), If the parent does not reply by 10 a.m. the Monday, If the parent agrees to the name change, they must sign the Order Form and complete the. (If you do not file the Order with the clerk, the name change will not be final.) The other parent must get legal notice of your child name change case even if the other parent is not listed on your child’s birth certificate. The Petition will not go through the system if the child is over ten (10) and has not signed a Consent Form. Available for PC, iOS and Android. a. I ask the Court to change the child’s name to: _____ First Middle Last b. I want to change the child’s name because: c. I believe the requested name change is in the child’s best interest. Respond to a law suit in a family law case. Anyone under the age of eighteen (18) cannot petition for their own name change; their parent, guardian, or conservator will have to be involved. In Texas, the name change process for a child requires a filed petition and authorization from all parents or guardians and, in some instances, the child herself. (You can download a copy of the fingerprint form here if need be.) See § 3 of the Introduction in volume 1 of this manual.] 1. The court can order the name change within the divorce decree, as long as they are certain you are not changing your name to avoid criminal prosecution or debt collectors. The judge will most likely ask for the reason(s) you are changing your child’s name and, if they deem it an appropriate change, they will sign and date the Order Form. CHANGE OF NAME. Thus, I will support any official petition to change the name of the Houston Texans by removing the word Texans, as I believe you have come to woefully misrepresent those of … By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. All rights reserved. Minor name changes (persons under the age of eighteen) are processed in the county court where the child resides. A parent, legal guardian, or appointed conservator must be the person who files the petition with the court clerk. Bring the following documents with you to the courtroom: The judge will call your case and you will be asked to state the reasons why you are petitioning for the name change of your child. The clerk will ask for a filing fee, which ranges from $250-300. Sec. It should be filed in the court where the divorce was granted. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. Name Change Request. Cause Number: In the Matter of the Name Change of: Child Name Changes in Texas. My name is first middle last 2. Both the Texas DPS and the FBI must obtain your fingerprints, and they charge $15 and $14.75 respectively. In today's blog post we will discuss 1) why being present at a child's birth matters in regards to naming a child and father's name being on a birth certificate and 2) What can be done if your name does not make it onto the birth certificate in Texas 3) How you can change the last name of your child If the other parent does not agree to the name change, you must have the other parent served with legal notice of the case by a constable, sheriff or private process server. Forms for child name change filed by one parent. You may need to go to the court clerk and pick up the rest of your name change documents, although sometimes the judge will already have copies in front of them. There are legal procedures and requirements which must be fulfilled before a court hearing can be set. This is a Court Sample and NOT a blank form. First middle last . a. Petitioner and Co-Petitioner ask the Court to change the child’s name to: _____ First Middle Last . Get instructions and do-it-yourself child name change forms here: I want to change my child’s name. Take the original, … Use the third set of instructions if only one parent will file the request for name change because the other parent is dead or the other parent’s parental rights were terminated. Staple the original fingerprint card to the original, notarized copy of the petition. Simply enter your proposed new name onto your marriage license and, after the wedding, file your marriage license with the county court. Aside from marriage or divorce, there are many incentives for which one might change their first and/or last name; politics, religion, or other personal reasons may play a part. (a) A petition to change the name of a child must be verified and include: (1) the present name and place of residence of the child; (2) the reason a change of name is requested; (3) the full name requested for the child; Child prints his/her current name here: Child signs here Date the child signed . This form has space for two children. Bring the signed Order Form to the clerk’s office and ask them to make certified copies. Sec.A45.002.AAREQUIREMENTS OF PETITION. Download the Consent Form and have the child provide all the necessary information as well as their signature. Children ten years of age or older must also grant written consent to the name change. A petition to change the name of a minor must be verified and include: (1) the present name and place of residence of the minor; They will serve the other parent and will complete a “Return of Service” form once they have completed this service. 4. Description - Texas Original Petition for Change of Name of Child. Texas requires that you must be a parent, managing conservator, or legal guardian of the child whose name you are wishing to change. A copy of your marriage certificate will be sent to you – this will serve as your primary legal name change document. Learn more here: Court Fees and Fee Waivers. Amended by Acts 1995, 74th Leg., ch. 1, eff. If the other parent does not agree with the name change, it becomes a “contested case” and a final hearing must take place. Use the first set of instructions if you and the other parent agree to file the request for name change together. You will be asked to pay the filing fee, which is usually around $300, however, the fee is different in every county. Custody in Texas. Sec. April 20, 1995. Request for Judgment. Use the certified Order to update the minor’s name on their Social Security, birth certificate, and any other important documents and pieces of identification. It includes both the original petition and the order granting the name change. Child’s Consent to Change Name (For Child Age 10 or Older) Print your answers . If you have a low-income, you can ask the Court to waive the filing fee by completing and filing a Statement of Inability to Afford Payment of Court Costs. The other parent should be notified forty-five (45) days prior to the final hearing. What if I am the only parent listed on our child’s birth certificate? Use the certified copies to change your name with various government agencies, financial institutions, and the like. Name Change Action Allowed: In Texas, an adult may change their name by filing an action in the county court, in the county in which they reside, with appropriate forms. If you are requesting the name change of a child, Texas law requires that the Petition requesting the name change be served by a constable or process server on each parent of the child that has not had their parental rights terminated or any managing conservator or guardian of the child.4Additionally, a Petition for the Change of Even if the child is young, you should still ask the child how they feel about a name change. Request for Judgment I ask the Court to order the child’s name changed as requested above. Do I have to tell the other parent that I want to change our child’s name? Ensure you are eligible to file a name change. Furthermore, written consent from the minor is required if the child is over the age of ten (10). Read about birth certificate amendments and get the application here. Use the certified copies to change the minor’s name on their identification, and with all the pertinent government agencies. In order to legally change a person's name an order must be signed by a District Judge. Any parent, managing conservator, or guardian of a minor may file for a legal name change in the county where the minor resides. The ORI number is a case number provided to you by the court upon submitting your petition for a name change. Adult name changes (for persons over eighteen years of age) are often granted as long as the individual is not a convicted felon and the change is in the interest of the public. Sign the Declaration section at the bottom of the Petition Form (it’s important to note that you are signing under penalty of perjury). A child name change case can be filed by the child’s parent, managing conservator or legal guardian. The Texas Family Code allows a person to change their name after a divorce but only to a name that you have used previously. Sec. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. Please be aware that our agents are not licensed attorneys and cannot address legal questions. There is no online option, so you will have to complete the process in person or by mail. It’s a good idea to talk with a lawyer about your particular situation. Make sure to bring a piece of identification with you to present to the notary. Enter all the appropriate information onto the forms. Mail your fingerprints and the appropriate fees to the following address: The two essential forms required for applying for a legal name change are the Petition for Change of Name of Adult Form and the Order Granting Change of Name of Adult Form. Sections ‘3’ and ‘4’ on the form allow the petitioning parent to supply information on the minor’s other parent, guardian, or conservator; known henceforth as the ‘respondent’. In order to change the name of a minor in Texas, you will need to get a court order approving the name change. If the name change in San Antonio is for a child, we must simply tell the court the reason for the change of name and confirm that the child lives in Bexar County. My age is 3. The procedure is slightly different than that of an adult name change, and the forms vary depending on how many of the minor’s parents are involved in the filing of the petition. CHANGE OF NAME OF CHILD. Visit your local DMV office (cannot be online or by mail) and provide your current driver’s license, the certificate/decree/court order proving your legal name change, and a payment of $11 for your new card. Use the second set of instructions if only one parent will file the request for name change. If you want to ask a judge to legally change your child’s name, use the Instructions & Forms. SUBCHAPTER A. Our support agents are standing by to assist you. Under Texas Family Code § 45.001, the parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides. Texas Name Change Form On Signnow Com. Send by mail or hand deliver the completed Application Form and the copies of the necessary documents to your local SSA office. If you are changing the name of one child, please cross out the sections for the second child. When you have all the documents ready, go to your county’s courthouse and file all the forms with the court clerk. A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides. Child Name Change in Texas If you are hoping to change the name of your child in Texas, a petition to that effect must be served on each parent or guardian of the child, unless parental rights have been terminated. Complete the Petition for an Adult Name Change form and bring it to the County District Clerk at 201 Caroline, Suite 420, Houston, TX 77002. Both parents or guardians of the child must be served with the name change petition. Follow the set of instructions below that applies to your particular situation – this will eliminate the possibility of completing incorrect forms. If the name change is for an adult, a set of fingerprints are necessary, as well as a confirmation that the adult is not a convicted felon. On the day of your hearing, you must appear before the judge with a copy of the Order Form. TexasLawHelp.org All Rights Reserved. change of name of the child in the county where the child resides. CHAPTER 45. This period of time gives the parent time to look over the papers and decide whether or not they will contest the name change. You must provide the court with the new name you want for your child and with information on why you want to change the child's name. If the child is 10 years of age or older, he or she must sign the form. Contact the district clerk’s office in the county where the child lives to learn the filing fee for your case. Create a high quality document online now! FAMILY CODE. Pay the appropriate filing fee; this fee varies from county to county but it is typically around $300. Next, gather documents that prove your legal name change, identity, and U.S. citizenship and make copies of each. You can ask a judge to make a court order by filing a child name change case. In cases where the other parent is dead or has had their parental rights terminated, the petitioning parent will have the chance to make that clear in the Petition Form. You, the person seeking the name change, are the petitioner. A mother recently challenged the denial of her petition for a change in custody. Download the Petition to Change the Name of a Child Form. 45.001. WHO MAY FILE; VENUE. Download the Order Changing the Name of a Child Form and provide all the necessary information. If the child has moved, then the family court where the child lives will normally hear the change request. To change a Texas custody order, the parent must show that the change is in the child’s best interest and that there has been a substantial and material change in circumstances. Bring with you the Order Form, the stamped Petition, and the stamped Consent Form (if applicable). Where do I file my child name change case? Sometimes you will be able to see a judge on the same day you file your Petition, otherwise come back to the courthouse on the established date. File the Order with the court clerk and ask them to make certified copies. It is possible to make minor corrections to a child’s first or middle name without a court order. They may also ask you to repeat the reasons for your name change. 6. The petition to request a change in modification can be filed by either parent. FORMS ARE INCLUDED. TexasYoungLawyersAssociation FamilyLawCommittee P.O.Box12487,CapitolStation Austin,TX78711-2487 (800)204-2222Ext.1800 Foradditionalfamilylawresources,visitwww.tyla.org. Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure.If level 3, see form Download them both and fill them out. The court clerk will give you a cause number and court number, and they will file-stamp all the documents. This brochure, written by the Texas Young Lawyers Association, explains the requirements and the procedure for requesting a name change. If the other parent is willing, have them sign the Order and complete the Respondent’s Answer Form as well. Make sure to leave the signature fields blank; the Petition should only be signed in the presence of a notary public, and the Order Form will be signed by the judge only if they approve of the name change (leave the date field blank as well). Complete the identification boxes on each card including name, sex, birth date and ORI. I want my name changed to . If the other parent agrees to the name change, you can file the request together. Children ten … b. Use it to update your married name with various government agencies and financial institutions. The clerk will also let you know if you can present your Order Form to a judge that day or if you must do so at a future date and time. The court clerk will file-stamp the Certificate of Last Known Mailing Address and Military Status Declaration (if applicable), and will give one (1) copy of each back to you. WARNING: The information and forms in this toolkit are not a substitute for the advice and help of a lawyer. Fill out, securely sign, print or email your petition for name change document form instantly with SignNow. Visit your county’s courthouse and file the Petition, fingerprint card, and a copy of your ID with the court clerk. Those interested in reverting back to their maiden name only need to include a clause in the divorce petition stating their desire to do so. Otherwise you will have to serve them the initial court papers (this will be covered in ‘Step 6’). County staff persons are not qualified to provide legal advice. 45.002. Download and complete the Civil Case Information Sheet and the Information on Suit Affecting the Family Relationship Form. Both parents and any other person who has a court-ordered right and interest in the child must grant consent. 5. Texas laws allow you to legally change a child's name by filing a petition in court. To do so, visit txapps.texas.gov and re-register online (click the Continue button at the bottom to proceed with the online registration process). Follow the appropriate instructions below, depending on the circumstances: As long as the other parent has signed the Order Form and completed the Respondent’s Answer Form, or you are permitted to finish the case by default, it’s time to visit the courthouse on the appointed date. Use the first set of instructions if you and the other parent agree to file the request for name change together. How much does it cost to file a child name change case? In some states, a child must agree to a name change once they reach a certain age. In situations where only one (1) parent is filing their child’s name change petition, the other parent must be served with the initial court papers. Texans who have recently legally changed their name should update their voter registration information as soon as possible. Judges will determine whether the name change is in the child’s best interest before approving a minor name change petition. If the judge deems the name change appropriate, they will sign the Order. You must tell the other parent that you want to change your child’s name (unless the other parent’s parental rights have been terminated). To find a notary public, go to your local bank, visit the Secretary of State’s website, or perform a private notary service search. © 2020 Electronic Forms LLC. April 20, 1995. For general information about changing a child’s name, read the Frequently Asked Questions. Bring the signed Order to the court clerk and have them make certified copies. Make copies of your Petition, Order, fingerprint card, and a piece of photo identification. A minor is anyone under the age of 18. State laws, rather than local county laws, dictate whether you are eligible to change your name, but you must initiate your civil suit by filing documents with the Bexar County District Clerk. The Texas Bar Foundation provided funding for website design. In Texas, a child over 10 must agree to the name change. A hearing date will be set once you have filed your petition. All minor’s under the age of ten (10) must sign a Consent Form if their parent is petitioning for their name change. 1, eff. The Return of Service must be filed at least ten (10) days prior to your court date. Again, if the child is over 10 years of age, they need to sign the Child’s Consent to Name Change form. Residents of Bexar County, Texas, who want to legally change their name for reasons other than a marriage or a divorce, must obtain permission from a civil court judge to do so. A legal adult name change must be processed through the petitioner’s local county court. All children under the age of ten (10) whose parents are petitioning for their name change must sign the Child’s Consent to Name Change Form. After reviewing your testimony and the submitted forms, the judge will sign the Order only if they deem the name change in the child’s best interest. If ‘Step 6’ applies to you, you will be required to wait of twenty (20) days after the other parent was served with the court papers to continue with the case. This toolkit tells you how to change a child’s name. 4. A petition to change the name of a child must be verified and include: the present name and place of residence of the child; The clerk will attach a copy of the Petition to a ‘citation form’ (together known as the “initial court papers”) and give them to you. Updating your driver’s license to reflect your new name must be done within thirty (30) days of the legal change. Anyone under the age of eighteen (18) cannot petition for their own name change; their parent, guardian, or conservator will have to be involved. Make copies of the Petition Form and the Child’s Consent Form before visiting the courthouse. To update your new name change on your driver’s license, you must first contact the Social Security Administration and notify them of your new name. According to the Texas statutes, an adult with a felony conviction, or an adult who is a registered sex offender can only petition for a name change if one (1) of the following circumstances apply and the name change is in the interest or to the benefit of the petitioner and the general public: The first step in petitioning for a name change is getting your fingerprints taken for a background check. Visit your local law enforcement agency or a “Print and Go” location to have your fingerprints taken. You will be required to file all of these documents with the court clerk; retain copies for your own records. What if I just need to correct the spelling of my child's name on his or her birth certificate? (You may want to make copies of the Petition and Consent Forms before filing them.) Texas laws allow you to legally change a child's name by filing a petition in court. Yes. To ensure that the information provided on the Petition is true, you must appear before a notary public to sign the document. You will be given a temporary driver’s license, and within forty-five (45) days you will receive your permanent driver’s license. If the respondent is dead or no longer has parental rights, service will not be required, however, you must attach a copy of either the death certificate or certified court order that terminated the parent’s rights. We ask the Court to order the child’s name changed as requested above. If you want to ask a judge to legally change your child’s name, use the Instructions & Forms. If a child is ten or over, the child must sign a document … Texas Name Change Law. For more useful information go to TexasCourtHelp, a website of the Texas Office of Court Administration's website. Courts will consider this a relevant factor in deciding whether to grant a name change. Download the Child’s Consent to Name Change Form and have them complete all the fields, including the signature field. “Name Change Minor Packet Step 4” Each parent needs to sign the Petition and have the form notarized. [Caption. You might be able to appear before a judge the same day you file your petition unless you are required to serve the other parent, in which case you will be given a future court date. At the final hearing in your case known as a “prove up” you will be asked either by your attorney or by the judge whether or not the purpose of the name change request is to evade creditors or otherwise make yourself harder for someone to track down. © 2001–2021. How to Set a Contested Final Hearing (Family Law), Service by Publication (when you can't find the other parent). Start a free trial now to save yourself time and money! The Texas name change forms allow residents of all Texan counties to petition for a name change through their local court. 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