Frequently Asked Questions About Child Name Change
Frequently Asked Questions in TEXAS
1. How do I legally change my child's name?
To change your child's name legally, you must get a court order. By submitting a child name change case, you can request from the judge to issue a court order.
2. What if I just need to correct the spelling of my child's name on his or her birth certificate?
You might be able to change your name spelling without going to court. To discuss your issue, get in touch with the Texas Vital Statistics Unit.
3. Who can file a child name change case?
The child's parent, managing conservator, or legal guardian can file a case to change the child's name.
4. Where do I file my child name change case?
You can file your child name change case at the district clerk’s office in the county where the child lives.
5. Do I have to tell the other parent that I want to change our child’s name?
Yes. If you wish to change your child's name, you have to inform the other parent first (unless the other parent's parental rights have been terminated). You can submit the request jointly with the other parent if they consent to the name change. 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.
6. Can I change my child’s name if I am the only parent listed on our child’s birth certificate?
You must inform the other parent through legal notice of your child name change case even if the other parent is not listed on your child’s birth certificate.
7. What if I am worried about the other parent finding out where we live?
The Petition to Change the Name of a Child asks for your child’s address. A copy of the Petition will be given to the other parent. Before submitting any paperwork to the court, call the Family Violence Legal Line at 800-374-4673 or Crime Victims at 844-303-7233 for free counsel if you are worried about your safety or the safety of your children.
8. What if I am unable to locate the other parent?
If, despite your best efforts, you are unable to locate the other parent, you are required by law to notify them by publishing a notice in a local newspaper, online at the state's service by publication website, or both. As the attorney ad litem for the other parent, you must also retain legal counsel.
9. What if I don’t know who my child’s father is?
If you do not know who the child's father is, you must legally notify him by publishing a notice in a nearby newspaper. You must also retain legal counsel to act as the "attorney ad litem" for the unidentified father. This procedure can be pricey and complex. Before submitting any paperwork to the court, it is a good idea to speak with a lawyer if you are unsure about whom the child's father is.
10. What if there is already a court order about my child?
In your Petition to Change a Child's Name, you must provide details on the court order. Ask the clerk to file your child's name change case under the same cause number if child continue to reside in the county where the court order was issued. If the child lives in a different county, file your case in the county where the child lives using a new cause number.
11. If I change my child’s last name to the biological father’s last name, can I add the biological father to my child’s birth certificate?
If you wish to add the biological father's name to your child's birth certificate, a paternity lawsuit must be brought. A court may be asked in a paternity lawsuit to rule that the child's biological father is also his legal father. The biological father's name can then be added to your child's birth certificate via the paternity order.
Frequently Asked Questions in Florida
1. How can I change my child's name in Florida?
The parent(s) or guardian of the child can file a petition for a name change with the Chancery court in the county in which the minor resides.
2. How much does it cost to change a baby name in Florida?
The court charges a filing fee of about $400.
3. How long does it take to change a child's last name in Florida?
Name change actions can take anywhere from a day to six (6) months (sometimes even longer). The time it takes for such action to be ordered/decreed varies not only from county to county, but sometimes from courthouse to courthouse as well.
4. Is it easy to change your name in Florida?
Getting a name change in Florida is not particularly complicated, but the process and required documentation may differ depending on why you are seeking the change.
5. Can I change my child's name without father's consent in Florida?
The parents of the child must be in agreement, either by submitting the petition together or by submitting an affidavit of consent. If one parent is not involved in the child's life and their whereabouts are unknown, a notice can be published in the legal newspaper about the name change.
6. Can you put father's name on birth certificate without him there in Florida?
Technically, yes, you can add the father's name to the birth certificate later, but only if certain conditions are met. In this case, the mother needed to be unmarried at the time of the birth, and no other person must be listed as the father on the birth record.
