Minor Child Name Change - Legal Changing Last Name

Minor Child Name Change - Legal Changing Last Name

Many situations may lead you to wish to change a child's or minor's name. Divorce, illegitimacy, uncertainty over the birth father's identity - these are all situations where the name a child is given at birth would prefer to have a new name. Should you want to change your child's name, there are things you should know.

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Tradition of Using a Father's Surname

In the United States, it's always been tradition for a child to have the father's surname. If there is a divorce, it becomes messy with mom wanting the child to have her name and dad demanding the child retains his. This is especially true if one parent was unfaithful or abusive, the divorcing spouse will not want any reminder of the lousy marriage and ask for the child's name to be changed.

Other countries differ. In Spanish cultures, children are given both their mother's and father's names. For example, if Maria Hernandez and Juan Fernandez had a son named Rico, Rico's name would then become Rico Fernandez Hernandez. Some cultures add “de” to separate the names. In these situations, if the parents divorce, the child still retains a bit of both mom and dad in the name and there is rarely any need for a court hearing to change a name.

Changing a Child's Name

Laws regarding name changes for a minor child differ from state to state. One thing remains the same, a parent must initiate the name change and the secondary parent must receive notification.

Changing a child's or minor's name requires you to petition a court for a hearing regarding the name change. Some states will assign the child to have a guardian ad litem for the proceedings to ensure the child's needs are best satisfied. Both parents offer their input on the name change and the judge, usually of a family court, decides if the name should change and how it should change.

In Texas, children 10 or older must write a statement supporting the name change. In New Mexico, a child 14 or older can handle the name change by himself.

Not every state requires both parents to be present at the hearing, but it's in your best interest to go to prevent any future disagreement.

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