It's not uncommon for parents to want to change children's names legally. CNN notes that up to 10 percent of parents seriously consider doing so . The custodial parent may want to change a child's surname following a divorce under some circumstances. Strictly speaking, you don't have to hire a lawyer to change children's names, but you must be the parent or legal guardian. The legal process is essentially the same everywhere, but rules vary by state. Be sure you know what laws and regulations govern name changes in your state.
Step 1
Contact the clerk of your county court to obtain and file a petition for a name change. Many jurisdictions provide these forms online. Some states require you to send a copy of the petition to the other parent if you are filing as a single parent, so check on the rules with the county court.
Step 2
Follow your county court's procedures to obtain a judge's approval for the name change. This usually means you have to appear before the judge at a hearing. You will have to prove your relationship to the child. For this you need birth certificates for yourself and the child plus valid photo identification for yourself, such as a driver's license or state-issued ID card. Provided your petition for a name change is approved, the judge will issue a court order to that effect.
Step 3
Publish a public notice of the name change if required. In some states you must place a notice in a local newspaper or other designated publication disclosing the change in the child's name.
Step 4
Wait until the court issues a final decree before using the child's new name in any formal way. Normally, this takes one to two months. In the meantime, there's no law saying you cannot start using the new name in informal or everyday settings.
Tips and Warnings
- Notify relevant agencies such as the Social Security Administration of the name change. This will prevent confusion in the future. Keep multiple copies of all documents related to the name change. Again, this can save you and your child a lot of trouble over time.
Things You'll Need
- Child's birth certificate
- Your birth certificate
- Valid photo ID
- Required forms
