How to Legally Change a Kid's Last Name

Changing a child's name often requires the consent of both parents.

Most states allow you to change your child's last name as long as it's not for an illegal or fraudulent purpose or detrimental to the interests of another. Filing for a name change is relatively straightforward but may require you to appear in court before the change can be finalized.

Instructions

1. Contact your local county government office to find out which local court oversees name change for minors. Depending on your state this may be the district, county or family law court.

2. Contact the clerk of the court and inform her that you would like to change your child's last name. The court clerk will generally give you a name change application to be completed and filed.

3. Fill in the name change application completely. Some states require that you sign the completed application before the court clerk or have it notarized.

4. Gather any documentation the application requires. This may include the child's birth certificate, identification card or adoption papers.

5. File the name change application, supportive documents and any filing fee with the court clerk. The court clerk will notify you of the court date you must attend for a judge to review your application.

6. Attend the court hearing. The judge will review your application and ask you why you want to change your child's name. If the child is old enough to understand the proceedings, the judge may also ask the child if she agrees to the name change. The court may also require you to state under oath that you are not changing the child's name for an illegal purpose.

7. If the judge approves your application, you will be issued an "order granting the change of name." Some courts will issue the order immediately upon making the decision. Other courts may issue the formal order at a later date. In this case, you will be notified by telephone when you can pick up the order from the court; otherwise, the order will be mailed to you directly.

8. Once you receive the formal order granting change of name, use it to change any legal or identification documents. such as the child's school records.

Tips & Warnings

• If you are a single parent, some states will require that either both parents consent; the non-custodial parent be given prior notice of the name change application; or there is documentation that the non-custodial parent has given up his parental rights.

• Some jurisdictions will not grant a child's change of name if you are not the biological or adoptive parent.

References

• California Courts: Changing the name of a child
• Florida State Instructions of How to Petition for Change of Name: Minor Children
• How to change a minor child's last name

Resources

• NameChangeLaw.com: Name change laws by state