NAME CHANGE OF A CHILD
NAME CHANGE OF A CHILD
Every Citizen's right to know and use the law -
without hiring a lawyer - is fundamental to American Democracy. The law,
like any other information, can be broken down and organized into small, easily
understandable sections and bits. The 'bits' can then be put together to
complete a larger task.
Online
Order Form Simply Point-Click-Print!
There are several reasons a parent or managing conservator may choose to change the name of their child. The most common is to give the child the same surname as the rest of the family - the last name of their step-father.
For countless numbers of children, their step-father is the only father they have ever known. For whatever reason, the child's biological father is not a part of their life and in many cases, he never has been. For these children, their step-father is their "Daddy". It is common for everyone in the family to have the same surname - Mother, Father, younger brothers and sisters - Everyone except the lone child, often leaving the child feeling like the "odd man out".
Many of these children have used the family surname for years informally. It is usually only when they are about to start school that the reality of their birth name sinks in. Schools have rules and the rules say that a child must be enrolled in school under their name as it is on their birth certificate. Needless to say this can be terribly confusing for a young child who has never used his or her 'birth surname'. They often don't identify with their 'birth' surname and can't understand why they are forced to go to school using someone else's name. Court records document that the greatest number of name changes for children are filed during the summer months before the child begins school for the first time. Parents are desperate to get the process completed before they have to enroll their child for school.
*** If a child is 12 years of age or older, his or her written consent to the change of their name is required before the name can be changed.
NAME CHANGE COMPARED TO ADOPTION Just as in any adoption, the adopting father, (in this case the step-father), becomes the child's father in all aspects just as if the child had been born to him. He is for all intents and purposes the child's father. Should his marriage to the child's mother end, he would have an ongoing duty and responsibility to the child just as he would with any child born to him. He would be required to pay child support for the benefit of the child just as if the child were born to him.
By changing a child's surname, a man (the step-father) makes a gift of his surname to the child. BUT, the child is not 'technically' recognized as his child. Should his marriage to the child's mother end, he would have no ongoing relationship with the child. He would pay no child support.
Many families whose primary purpose is to change the child's surname choose the name change process rather than going through the more involved and more costly adoption process.
For additional information about adoption of a step-child; click to check out our site on Step-parent Adoption; Without Hiring a Lawyer
THE PROCESS - HOW DO YOU CHANGE A
CHILD'S NAME?
1. A formal request for the name change (petition) is filed with the District
Clerk's office at the county court house.
2. The parties who have an interest in the child's name being changed are
entitled to "notice" of the request to change the child's name ie: each parent
whose parental rights have not been terminated, the managing conservator, and
guardian (if one has been appointed).
3. A hearing is held where the judge determines if changing the child's name
is in the child's best interest; and, assuming the judge agrees with you that it
is - the judge signs the order changing the child's name. That's it! The entire
process is usually completed within 30 days from the date the original petition
is filed beginning the process.
WHERE DO YOU "FILE" TO HAVE A NAME
CHANGED?
The petition requesting a name change is filed in the county where the child
lives. However, if the child has been a party to a suit affecting the parent
child relationship ie: divorce of parents etc., that jurisdiction must be noted
on the petition to ensure that the court with such jurisdiction is notified of
the name change of the child. NOTICE TO THE BIOLOGICAL FATHER:
The biological father is not required to consent or agree
to the changing of a child's surname. However, he is required to be
'officially' notified that a suit has been filed asking the court to change the
child's name.
This notification (service of process) can be done in several ways. The
biological father may sign a waiver of formal service; he can be personally
served by the constable/process server actually going to his home or work and
handing him the papers; by certified mail sent from the Clerk's office; or where
the biological father is 'missing' and can't be found to be officially notified,
by publication of a notice in the newspaper.
In most suits to change the child's last name, the
biological father is and has been missing for several years, or his identity may
be unknown; either way, service of process by publication of a notice in
a newspaper the most common in name change suits. He probably has a better
chance of being abducted by aliens than he does of reading the notice in the
newspaper, but it meets the requirements for 'official' service and notice of
the request to change the child's name.
After service of process has been made by one of the
methods above, the biological father has approximately 20 days to file a
response with the court clerk of risk your request being granted by his default.
Most child name changes are granted by default following notice (service) by
publication.
WHO DECIDES IF A CHILD'S NAME WILL BE
CHANGED?
The Judge! The judge is required to consider the "best
interest" of the child in determining whether or not to change the legal name of
a minor child. Generally, unless a party files an answer and objection to
the child's name changed, the judge will routinely approve the request for a
change of name.
HEARING:
After the 20 day period for the biological father to
answer your request for a change in the child's name has passed; you are
eligible to set the hearing with the judge to finalize the child's name change
as soon as you can get on the court's docket (schedule).
The hearing is an informal procedure where all
parties are allowed to present "their sides" in any case. In the usual name
change case, the only parties at the hearing are the biological mother and the
stepfather. The judge has a chance to review the paperwork and ask any questions
that he/she may have regarding the name change and then makes a decision to
change the child's name. The judge would then sign the decree granting the name
child for the minor child. (Assuming of course that the judge believes the
requested name change is in the child's best interest).
DON'T I HAVE TO HIRE A LAWYER TO HAVE
MY CHILD'S NAME CHANGED? NO! Each year thousands
of Americans solve their own legal problems without the expense of a
lawyer, and the number is rapidly growing. As more and more "average
citizens" are literally priced out of access to the courts due to expensive
lawyer's fees, the trend towards self- help, that began in the 1960's is
providing an inexpensive alternative to solving legal problems. America has long
been a nation of self-reliant people. There is no requirement that any citizen
pay a lawyer to solve their legal problems. SELF-HELP IS
AN AMERICAN TRADITION.
1845: EVERY MAN HIS OWN ATTORNEY , (which may be the first widely
published self help legal manual) written by Thomas Whooler begins with the
following introduction:
"When attorneys are employed, they must be paid; and their charges are not
always regulated whether by their abilities or their services to a client, but
by their own desire to make as much as they can. This evil can only be remedied
by making their clients well informed on common subjects, and able to see what
course they are taking in matters of more intricacy." Pro Se Publications helps you better inform yourself about the laws and the
legal procedures that impact your life, so that you may make your own informed
decisions. Pro Se Publications provides its services at low cost because we are
not lawyers, and do not give legal advice. Instead, our service is limited to
providing you with self-help information and quality legal form typing and
preparation, at your direction.
IN SHORT, WE HELP OUR CUSTOMERS SOLVE THEIR OWN LEGAL PROBLEMS WITHOUT THE
EXPENSE OF A LAWYER.
FEES AND ORDER INFORMATION
You pay the same filing fees that lawyers pay to the court. Depending on how the child's biological father is to be served (notified),
you will also be required to pay the cost of service, which also varies from
county to county in Texas. Once again you can find the exact cost by calling the
District Clerk.
Our fee is $149 and includes preparation of all necessary
paperwork (and information) to file, process, and complete the changing of your
child's surname. We process the information you provide and following
your directions about such things as how to notify the child's biological
father, we complete and return mail your completed paperwork back to you ready
to be filed at your local courthouse as well as all procedural information you
need to "guide" you through the process step-by-step; usually within 24 hours
(always within 36 hours) of receipt of your information form and payment of the
fee made payable to: Pro Se Publications The information contained at this site is excerpted from How to Change
Your Child's Name; Without Hiring a Lawyer Copyright 1996 Pro Se
Publications.
3037 F Cunningham Dr.
Wichita
Falls, Tx. 76306