Change of Name

Name Change of a Child

Many circumstances arise in which one or both parents may want to legally change a child’s name. If the name change is agreed to by the parents, the court-ordered name change can be accomplished quickly and relatively inexpensively. However, if the name change is not agreed to by the parties, a contested court hearing may be necessary to resolve the issue.

If the child whose name is sought to be changed is 10 years of age or older, the child’s written consent to the name change must be included in the original petition. Of the child consents to the name change, it is highly likely the Court will grant the name change, even if one parent objects to the change.

Name Change of an Adult

An adult may change his name in Texas for virtually any reason, unless the Court finds for some reason that the requested change is not in the public interest. The petition must include a fingerprint card acceptable to the the Department of Public Safety and to the Federal Bureau of Investigation.

If the person seeking a name change has final felony conviction, the Court may (but is not required to) grant the name change ONLY if:

(1) the person seeking the name change (1) has received a certificate of discharge by the Texas Department of Criminal Justice or completed a period of community supervision or juvenile probation ordered by a court AND not less than two years have passed from the date of the receipt of discharge or completion of community supervision or juvenile probation; OR

(2) been pardoned.

If the person seeking the name change is subject to the registration requirements of Chapter 62, Code of Criminal Procedure (i.e., sex offenders), in addition to meeting the requirements set out above, the person seeking the name change must also provide the Court with proof that the person has notified the appropriate local law enforcement authority of the proposed name change.

If you want to know more about family law in general, you are invited to consult the Texas Family Code which contains most of the laws which govern divorces and other family law matters in the State of Texas. Please be aware that the version of the Texas Family Code to which this hyperlink takes you is the most current version available online (2006), but is subject to legislative changes every two years (and sometimes even more often). Therefore, you should not take any action (or fail to take any action) based on the information you find in that version unless you have first received advice from an attorney of your choice and verified that the relevant section of the Texas Family Code is the most current.

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