I Want To Change My Child's Name. - Texas Law Help

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Overview

Guide Overview

This guide tells you how to change a child’s name.

Warning: The information and forms in this guide are not legal advice and are not a substitute for the help of a lawyer. It’s a good idea to talk with a lawyer about your particular situation.

Research Tips

  • First, read How to Change a Child's Name.
  • The law governing children's name changes in Texas: Texas Family Code chapter 45.
  • The Texas state law library offers a research guide for child's name changes.

Common questions about Name Change of a Child

How do I legally change my child's name? Expand Collapse

You must get a court order to legally change your child’s name. You can ask a judge to make a court order by filing a child name change case. Get instructions and do-it-yourself child name change forms here: I want to change my child’s name.

What if I just need to correct the spelling of my child's name on his or her birth certificate? Expand Collapse

It is possible to make minor corrections to a child’s first or middle name without a court order. Read about birth certificate amendments and get the application here.

How do I change a birth certificate for a minor? Expand Collapse

If both parents are listed on the minor’s birth certificate, then both parents must complete and sign Form VS-170. If one parent’s rights to the child have been terminated, the parent who still has rights to the child can apply on their own and attach proof that the other parent’s rights are terminated. If the minor has a legal representative, meaning a guardian or conservator other than their parents, then their legal representative must apply and attach proof that they are the minor’s legal representative. Otherwise, the minor may wait until they are 18 to ask for a change on their birth certificate themselves, under the process for adults listed above.

Who can file a child name change case? Expand Collapse

A child name change case can be filed by the child’s parent, managing conservator or legal guardian.

Where do I file my child name change case? Expand Collapse

File your child name change case at the district clerk’s office in the county where the child lives.

How much does it cost to file a child name change case? Expand Collapse

Contact the district clerk’s office in the county where the child lives to learn the filing fee for your case. If you have a low-income, you can ask the Court to waive the filing fee by completing and filing a Statement of Inability to Afford Payment of Court Costs. Learn more here: Court Fees and Fee Waivers.

Do I have to tell the other parent that I want to change our child’s name? Expand Collapse

Yes. You must tell the other parent that you want to change your child’s name (unless the other parent’s parental rights have been terminated).

If the other parent agrees to the name change, you can file the request together.

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.

What if I am the only parent listed on our child’s birth certificate? Expand Collapse

The other parent must get legal notice of your child name change case even if the other parent is not listed on your child’s birth certificate.

Instructions & Forms

Instructions & Forms

Instructions and Forms for Child Name Change: Both Parents Agree to File Together Expand Collapse
  • Print
Warning: The information and forms in this guide are not legal advice and are not a substitute for the help of a lawyer. It’s a good idea to talk with a lawyer about your particular situation. A lawyer is trained to protect your legal rights. Even if you decide to represent yourself, try to talk to a lawyer about your case before filing anything. Visit the Legal Help Directory or read Working with a Private Attorney for more information.

These instructions explain the steps to change your child’s name if you and the child’s other parent agree to file the request for name change together. Each step includes a link to the form or forms needed for that step.

Use these instructions if:

  • the child has (or children have) two living parents whose parental rights have not been terminated,
  • the parents both agree to the name change, and
  • the parents will sign the necessary court forms.

Do not use these instructions if there are any nonparent court-ordered relationships for the children.

As a service to all Texans, the Harris County Law Library combines TexasLawHelp forms and instructions into downloadable PDF packets, which are available at their Combined TexasLawHelp Forms Packets page.

Checklist Steps

Step 1: Fill out your court forms. Expand Collapse

Fill out these forms:

  • Petition to Change the Name of a Child: This form asks the judge to change your child’s name. You and your child’s other parent must sign this form under penalty of perjury. This means it is a crime to lie on this form.
  • You are the “Petitioner.” The child’s other parent is the “Co-Petitioner.”
  • If you plan to file the name change case in person instead of online, print your answers neatly using blue or black ink. Do not leave blanks.
  • Order Changing the Name of a Child: You will ask the judge to sign this form to change your child’s name. You must fill it out before going to court. Fill out all blanks except:
  1. the date of judgment,
  2. the judge’s signature, and
  3. the judge’s name.
  • This form must also be signed by both you and the other parent.

Other Forms:

  • If your child is 10 years old or older, fill out the Child’s Consent to Name Change (For Child Age 10 or Older). It tells the judge that your child wants his or her name to be changed. Note: If your child is 10 years old or older, you cannot change your child’s name without his or her consent.
  • If you cannot afford to pay the filing fee for your case, fill out the Statement of Inability to Afford Payment of Court Costs. Call the clerk’s office in the county where the child lives to learn the filing fee for your case.
  • Information on Suit Affecting the Family Relationship
  • Civil Case Information Sheet: Note: The Texas Supreme Court repealed the rule requiring the civil case information sheet, so you may only need this form if you are filing the name change case in person, at the courthouse, instead of e-filing).
Step 2: Make copies. Expand Collapse

Make one copy of each of the following:

  1. Completed Petition to Change the Name of a Child (signed by both you and the other parent), and
  2. Statement of Inability to Afford Payment of Court Costs (if you cannot afford the filing fee), and
  3. Child’s completed Child’s Consent to Name Change (if your child is 10 or older).

You do not need copies of the Civil Case Information Sheet form, the Information on Suit Affecting the Family Relationship form or the Order Changing the Name of a Child form.

Step 3: File your forms with the court. Expand Collapse
  1. File (turn in) your completed Petition and additional starting forms with the district court clerk (or county court clerk, depending on the specific county) in the county where the child lives.

    Note: Check with the clerk of the court in the county where the child lives to learn which court in the county hears name change cases. Depending on the county, name changes may be heard in the district court or county court.

  2. Turn in your completed court forms (and copies), except the Order Changing the Name of a Child form. Don’t turn in the Order form yet. You will present the Order form to the judge when you go to court.
  3. Pay the filing fee or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the fee.
  4. The clerk will write your “Cause Number” and “Court Number” at the top of the first page of your Petition to Change the Name of a Child and other forms. (Write these numbers at the top of your Order Changing the Name of a Child form.)
  5. The clerk will “file-stamp” your copies with the date and time. The clerk will keep the originals and give you back your copies.
  6. Ask the clerk if there are local rules or procedures you need to know about for your case. For example, there might be standing orders in your county that need to be attached to your petition.
  7. Ask the clerk when you can present your proposed Order Changing the Name of a Child to a judge. You may be able to present your proposed order to a judge that day. Or you may have to come back another day.
Step 4: Go to court to finish your case. Expand Collapse
  1. Go to court to finish your case. (Read the article Tips for the Courtroom for more information about going to court).
  2. When you get to the courtroom, tell the judge’s clerk you are there and give the clerk the following documents:
  • your completed proposed Order Changing the Name of a Child (signed by both you and the other parent),
  • the file-stamped copy of your Petition to Change the Name of a Child, and
  • the file-stamped copy of the Child’s Consent to Name Change (if applicable).
  1. Sit down until the judge calls your case.
  2. When the judge calls your case, walk to the front of the courtroom and stand in front of the judge’s bench. The judge will have you raise your right hand and swear to tell the truth. Tell the judge that you and your child’s other parent are asking that your child’s name be changed. Be prepared to quickly tell the judge why you think changing your child’s name is in your child’s best interest.
  3. The judge will listen to what you say and review your forms. If everything is in order and the judge agrees that changing your child’s name would be in your child’s best interest, the judge will sign your Order Changing the Name of a Child.
Step 5: File the signed Order with the clerk. Expand Collapse

After the judge signs your Order Changing the Name of a Child, go back to the clerk’s office.

  1. File (turn in) the signed Order Changing the Name of a Child.Your case is not final until you do so.
  2. File the completed Information on Suit Affecting the Family Relationshipform.
  3. Get several—at least five—certified copies of the Order from the clerk. You must pay a small fee for each certified copy.

    You will need certified copies of the Order to change the child’s name on the child’s social security card, birth certificate, passport, school records, etc.

    Each agency will want a certified copy of the Order to keep. You will also want a certified copy of the Order for your records.

Step 6: After your case is finished. Expand Collapse

You are responsible for notifying the appropriate agencies of your child’s new name.

  1. To change your child’s social security card, contact your local Social Security Administration (SSA) office.
  2. To change your child’s Texas birth certificate, contact the Texas Department of State Health Services–Vital Statistics Unit. Read the Bureau’s Requirements for Requesting/Changing Vital Records page, which explains birth certificate amendments and includes paperwork for requesting corrections and amendments.

    If your child was born in another state, contact the vital statistics office in that state.

  3. Contact the U.S. State Department to change the name on the child’s passport.
  4. To change your child’s school records, take a certified copy of the Order to your child’s school.

Forms Required

  • Forms for child name change filed by both parents.

    FM-NCC1-KIT

    Form Packet. Use to ask the court to change a child's name if both parents are filing. Download Form
  • Petition to Change the Name of a Child [Filed by Both Parents]

    FM-NCC1-100

    Ask a court to change a child's name. If both parents agree and will file together. Download Form
  • Fee Waiver (Bilingual) - Statement of Inability to Afford Payment of Court Costs or an Appeal Bond

    CB-CFFW-100

    Use to ask a court to waive court costs, appeal bonds, or cash deposits; based on your inability to pay. Download Form
  • Civil Case Information Sheet

    PR-Gen-116

    Information sheet that must be attached to civil, family, probate, and mental health petitions. Download Form
  • Information on Suit Affecting the Family Relationship (Excluding Adoptions)

    VS-165

    Information sheet for reporting divorce, annulment, and SAPCR cases to Texas Vital Statistics Unit. Sometimes called the "Austin form." Download Form
  • Child's Consent to Name Change

    FM-NCC1-113

    Submit with petition. Use if child is ten years or older. Child must consent to name change. Download Form
  • Order to Change the Name of a Child [Filed by Both Parents]

    FM-NCC1-200

    Use if both parents agree to a child's name change and file together. If the judge agrees, the order will be signed. Download Form
  • Order to Change the Name of Multiple Children [Filed by Both Parents] - Set A

    FM-NCC1-220

    FM-NCC1-220 Order to Change the Name of Multiple Children [Filed by Both Parents] - Set A Download Form
Instructions and Forms for Child Name Change: One parent filing, other parent will be served. Expand Collapse
  • Print
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer. A lawyer is trained to protect your legal rights. Even if you decide to represent yourself, try to talk to a lawyer about your case before filing anything. Visit the Legal Help Directory and read Working with a Private Attorney for more information.

These instructions explain the steps to change a child’s name if one parent is filing the request, and the other parent will be served. Each step includes a link to the form or forms needed for that step.

As a service to all Texans, the Harris County Law Library combines TexasLawHelp forms and instructions into downloadable PDF packets, which are available at their Combined TexasLawHelp Forms Packets page.

Frequently Asked Questions

What if I can’t find the other parent?

If you cannot find the other parent after looking really hard, you must have the other parent served by publication in a local newspaper, on the state's public information web site, or both. You must also hire a lawyer to serve as the other parent’s attorney ad litem. For more information read this article: Service by Publication (when you can't find the other parent). This process is complicated and can be expensive. If you can’t find the other parent, talk with a lawyer before going to the next step.

What if I don’t know the identity of the other parent?

If you don’t know the identity of the other parent you must have the unknown parent served by publication in a newspaper, on the state's service by publication web site, or both. You must also hire a lawyer to serve as the unknown parent’s attorney ad litem. This process is complicated and can be expensive. If you don’t know the identity of a parent, talk with a lawyer before going to the next step.

Checklist Steps

Step 1: Fill out your court forms. Expand Collapse

Fill out these forms:

  • Petition to Change the Name of a Child. This form asks a judge to change your child’s name. You must sign this form under penalty of perjury. This means it is a crime to lie on this form. Print your answers using blue or black ink. Do not leave blanks.

    Who is the petitioner?

    You are the “petitioner,” the person asking the court to change the child’s name.

    Who must be listed as a respondent in the Petition to Change the Name of a Child?

    If you are the child’s parent, you must list the other parent as the “respondent.” If a nonparent has been named as your child’s managing conservator or legal guardian you must also list that person as a “respondent.” If you are the child’s nonparent managing conservator or legal guardian, you must list both parents as “respondents.”

    Note: The Petition asks for your address. Each respondent will get a copy of your Petition. If you are concerned about a respondent knowing your address, call the Family Violence Legal Line at 800-374-4673 for free advice.
  • Order Changing the Name of a Child. You will ask the judge to sign this form to change the child’s name. Fill out all blanks except: (1) the date of judgment, (2) the judge’s signature and (3) the judge’s name. You must also sign this form.
  • Information on Suit Affecting the Family Relationship
  • Civil Case Information Sheet. If you are filing the case in person at the courthouse, you will need this form.
  • Child’s Consent to Name Change (For Child Age 10 or Older). This form must be signed by your child if your child is 10 years old or older. It tells the judge that your child wants his or her name to be changed. If your child is 10 years old or older, you cannot change your child’s name without his or her consent.
  • Statement of Inability to Afford Payment of Court Costs. Fill out this additional form if you cannot afford to pay the filing fee for your case. Call the clerk’s office in the county where the child lives to learn the filing fee for your case.
Tip:It’s a good idea to have a lawyer review your forms after you fill them out. You can hire a lawyer just to review your forms. This is called limited scope representation. Use our Legal Help Directory tool to search for legal help in your area.
Step 2: Make copies. Expand Collapse

Make enough copies of each of the following forms to have one copy for you and one copy for each respondent:

  • your completed Petition to Change the Name of a Child, and
  • the child’s completed Child’s Consent to Name Change (if the child is 10 or older).

Make a copy of your Statement of Inability to Afford Payment of Court Costs (if you cannot afford the filing fee) for yourself.

You do not need copies of the Civil Case Information Sheet form or the Information on Suit Affecting the Family Relationship form.

You do not need an extra copy of the Order Changing the Name of a Child form at this stage of the case.

Step 3: File (turn in) your Petition and other starting forms. Expand Collapse
  1. File (turn in) your completed Petition and additional starting forms with the district court clerk (or county court clerk, depending on the specific county) in the county where the child lives.

    Note: Check with the clerk of the court in the county where the child lives to learn which court in the county hears name change cases. Depending on the county, name changes may be heard in the district court or county court.

  2. Turn in your completed court forms (and copies), except the Order Changing the Name of a Child form. Don’t turn in the Order form yet. You will present the Order form to the judge when it is time to finish your case.
  3. Tell the clerk you want to have the other parent served in person. This means a sheriff, constable or private process server will deliver the initial court papers to the other parent in person.

    Note: If anyone else is listed as a respondent you must have that person served, too, unless they agree to the name change and will sign your proposed Order Changing the Name of a Child and this form: Respondent’s Original Answer form.
  4. Pay the filing fee and issuance fee (or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the court costs).
  5. Ask the clerk if there is a local standing order that you need to follow or attach to any of your documents.
  6. Ask the clerk if there are local rules you need to know about for your case.
  7. The clerk will “file-stamp” your copies with the date and time. The clerk will keep the original and give one copy back to you.
  8. The clerk will print a form called a “citation.” The citation tells the other parent that you have filed a child name change case. The citation also tells the other parent that unless he or she files an answer with the court you will be able to finish your case by default—without the other parent. The clerk will attach a copy of your Petition to Change the Name of a Child to the citation. The citation with a copy of your Petition attached are the initial court papers that must be served on the other parent by a constable, sheriff or private process server. Read Step 4 for further instructions.
Step 4: Arrange for the other parent to be “served” with the initial court papers. Expand Collapse

It is your responsibility to arrange for the other parent to be served with the initial court papers by a constable, sheriff, or private process server. You cannot serve the initial court papers yourself.

What are the initial court papers? The initial court papers include the citation you got at the clerk’s office with a copy of your Petition attached.

  1. Send the initial court papers to a constable, sheriff, or private process server in the county where the other parent can be served.
  2. Include the service fee or a file-stamped copy of your Statement of Inability to Afford Payment of Court Costs. (Call first to learn the fee.) Also, include a self-addressed, stamped envelope.
  3. The constable, sheriff or private process server will deliver the initial court papers to the other parent in person. The constable, sheriff or private process server will fill out a form called a Return of Service. It tells the court when and where the other parent was served. The completed Return of Service is proof the other parent was served. The other parent will not have to sign anything.
  4. The Return of Service must be filed with the court. The constable, sheriff or private process server may file it themselves or they may give the completed Return of Service form to you. If they give it to you, make a copy and file the original at the courthouse. It must be on file for at least 10 days before you can finish your case, not counting the day it is filed or the day you go to court to finish your case.

Having trouble serving the other parent?

Read How to Serve the Initial Court Papers (Family Law). You can also use Ask a Question to chat with a law student or lawyer online.

Step 5: Wait the required waiting periods. Expand Collapse

Wait the following required waiting periods:

  • 20+ day waiting period: From the day the other parent is served, the other parent must have at least 20 days plus the next Monday at 10 a.m. to file an answer with the court.

    Find the day the other parent was served on a calendar, count out 20 more days, then go to the next Monday. This is the last day of the other parent’s answer period. However, if the other parent files an answer at any time before you finish your case it will still count.

  • 10+ day waiting period: The constable, sheriff, or private process server should have completed a Return of Service form stating when the other parent was served.

    The Return of Service form must be on file with the court for at least 10 days before you can finish your case.

    Important: When counting the 10-day waiting period, do not count the day the Return of Service is filed with the court, and do not count the day you go to court to finish your case.

Step 6: Can you finish by default? Expand Collapse

Call the clerk’s office to find out if the other parent filed an answer. If the other parent filed an answer, you cannot finish your case by default.

  • If the other parent filed an answer and will now agree to sign your completed proposed Order Changing the Name of a Child form, you can finish your case by agreement.
  • If the other parent filed an answer and will not agree to sign your completed Order Changing the Name of a Child form, your case is contested. To finish a contested case, you must set a contested final hearing. You must give the other parent at least 45 days’ notice of the final hearing. If there are other respondents they must also receive this notice. Read this article to learn more: How to Set a Contested Final Hearing (Family Law). Remember: It’s always best to have a lawyer if your case is contested.

If the other parent hasn’t filed an answer, you may be able to finish your case without them (by default)—but only if all of the following are true:

  • The other parent was properly served by a constable, sheriff, or private process server.

  • A Return of Service form (that shows when and where the other parent was served) has been on file with the court for at least 10 days—not counting the day it was filed or the day you go to court.

  • At least 20 days plus the next Monday have passed since the other parent was served.

  • The other parent has not filed an answer, and does not file one before you finish your case. (Keep in mind: the other parent can still file an answer at any time before your case is finished—even after the 20+ days have passed.)

  • If anyone else was named as a respondent in your case:

    • They were also served and did not file an answer, or

    • They signed both a Respondent’s Original Answer form and your Order Changing the Name of a Child form to show they agree.

If all of the above are true and you can finish your case by default, fill out these additional forms and make one copy of each form:

  • Certificate of Last Known Mailing Address
  • Military Status Declaration
  • If your case is in Harris County, fill out a Military Status Affidavitinstead of a Military Status Declaration. Sign it in front of a notary.)
Change in the Law

In family law cases filed after September 1, 2023, you no longer need to exchange the previously mandatory Required Initial Disclosures.

If your case was filed before September 1, 2023, after a party to a family law case (like a name change) files an answer, both sides are obligated to exchange certain information and documents within 30 days.

The form is here: Required Initial Disclosures in SAPCRs and Modifications.

See Rule 11 Agreements for information (and forms) about one way to waive required disclosures by agreement.

Step 7: Get ready for court. Expand Collapse

If you can finish your case by default, call the clerk’s office to find out when and where the court hears uncontested child name change cases.

Call the clerk’s office again the day before you plan to go to court to make sure the other parent has still not filed an answer. If the other parent has filed an answer, you cannot finish your case by default. Go back to Step 6.

Read Tips for the Courtroom for more information about going to court.

Step 8: Go to court to finish your case. Expand Collapse

Bring the following documents with you to the courthouse on the day you plan to finish your case:

  • proposed Order Changing the Name of a Child,
  • a file-stamped copy of the Petition to Change the Name of a Child,
  • a file-stamped copy of the Child’s Consent to Name Change (if applicable),
  • a file-stamped copy of the Return of Service form showing when and where the other parent was served,
  • a completed Certificate of Last Known Mailing Address form, and
  • if you are not the child’s parent, a copy of the court order naming you as the child’s managing conservator or legal guardian.

When you get to the courthouse, go to the clerk’s office.

  • Ask the clerk if you need the court file or docket sheet (list of what has been filed in your case).
  • Ask the clerk to check one more time to see if the other parent has filed an answer. If the other parent has filed an answer, you cannot finish your case by default. Go back to Step 6.
  • File the Certificate of Last Known Mailing Address and the Military Status Declaration (or Military Status Affidavit). Ask the clerk to file stamp your copy of each form. Bring a file-stamped copy of each form with you to court.

When you get to the courtroom, tell the judge’s clerk or coordinator that you are there. Sit down until the judge calls your case.

When the judge calls your case:

  1. Walk to the front of the courtroom, and stand in front of the judge’s bench.
  2. The judge will have you raise your right hand and swear to tell the truth.
  3. Tell the judge your name and whether you are the child’s parent or the child’s nonparent managing conservator or legal guardian.
  4. Tell the judge you are asking that the child’s name be changed.
  5. Be prepared to quickly tell the judge why you think changing the child’s name is in the child’s best interest.
  6. The judge will listen to what you say, and review your papers.

If everything is in order, and the judge agrees that changing the child's name would be in your child's best interset, then the judge will sign the Order Changing the Name of a Child.

Step 9: File the signed Order with the clerk. Expand Collapse

After the judge signs your Order Changing the Name of a Child, go back to the clerk’s office. File (turn in) the signed Order Changing the Name of a Child. Your case is NOT final until you do so.

  1. Get several certified copies of the Order from the clerk. You must pay a small fee for each certified copy.
  2. You will need certified copies of the Order to change the child’s name on the child’s social security card, birth certificate, passport, school records, etc.
  3. Each agency will want a certified copy of the Order to keep.
  4. You will also want a certified copy of the Order for your records.
Step 10: After your case is finished. Expand Collapse

You are responsible for notifying the appropriate agencies of your child’s new name.

  1. To change your child’s social security card, contact your local Social Security Administration (SSA) office.
  2. To change your child’s Texas birth certificate, contact the Texas Department of State Health Services–Vital Statistics Unit. Read the Bureau’s Requirements for Requesting/Changing Vital Records page, which explains birth certificate amendments and includes paperwork for requesting corrections and amendments.

    If your child was born in another state, contact the vital statistics office in that state.

  3. Contact the U.S. State Department to change the name on the child’s passport.
  4. To change your child’s school records, take a certified copy of the Order to your child’s school.

Forms Required

  • Petition to Change the Name of a Child [Filed by One Parent]

    FM-NCC2-100

    Use to ask the a court to change a child's name if one parent is filing and the other will get notice. Download Form
  • Order Changing the Name of a Child [Filed by One Parent]

    FM-NCC2-200

    Use when 1 parent asks the court for the child's name change. If the judge agrees, the order will be signed. Download Form
  • Civil Case Information Sheet

    PR-Gen-116

    Information sheet that must be attached to civil, family, probate, and mental health petitions. Download Form
  • Information on Suit Affecting the Family Relationship (Excluding Adoptions)

    VS-165

    Information sheet for reporting divorce, annulment, and SAPCR cases to Texas Vital Statistics Unit. Sometimes called the "Austin form." Download Form
  • Child's Consent to Name Change

    FM-NCC1-113

    Submit with petition. Use if child is ten years or older. Child must consent to name change. Download Form
  • Fee Waiver (Bilingual) - Statement of Inability to Afford Payment of Court Costs or an Appeal Bond

    CB-CFFW-100

    Use to ask a court to waive court costs, appeal bonds, or cash deposits; based on your inability to pay. Download Form
  • Respondent's Answer [Child Name Change]

    FM-NCC2-102

    Use to respond to a filing that asks the court to change child's name. Download Form
  • Certificate of Last Known Mailing Address

    PR-DJ-110

    Use this form when you file a lawsuit and need to certify the other party’s last-known mailing address. Download Form
  • Military Status Affidavit

    PR-DJ-111

    Use form when you file lawsuit, need affidavit regarding the other party’s military status. Requires notary signature. Download Form
  • Military Status Declaration

    PR-DJ-112

    Use this form when you file a lawsuit and need to certify the other party’s military status and do not have access to a notary. Download Form
  • Required Initial Disclosures - SAPCR or Modification (cases filed BEFORE September 1, 2023)

    FM-SAPCR-Disc-101-Required Initial Disclosures

    You may have to give your child’s other parent information and documents as part of your court case. Use this form. Download Form
Instructions and Forms for Child Name Change: One parent filing, other parent dead or rights terminated Expand Collapse
  • Print
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer. A lawyer is trained to protect your legal rights. Even if you decide to represent yourself, try to talk to a lawyer about your case before filing anything. Use the Legal Help Directory or read Working with a Private Attorney for more information.

These instructions explain the steps to change a child’s name if you are the child’s parent and:

  • the other parent is dead or the other parent’s parental rights were terminated by a court, and

  • no other person has a court ordered relationship with the child.

You can also use these instructions and forms if you are the child’s nonparent sole managing conservator or legal guardian and:

  • both parents are either (1) dead or (2) had their parental rights terminated by a court, and

  • no other person has a court ordered relationship with the child.

As a service to all Texans, the Harris County Law Library combines TexasLawHelp forms and instructions into downloadable PDF packets, which are available at their Combined TexasLawHelp Forms Packets page.

Checklist Steps

Step 1: Fill out the Petition and other starting court forms. Expand Collapse

Fill out these forms:

  • Petition to Change the Name of a Child. This form asks a judge to change a child’s name. You must sign this form under penalty of perjury. This means you could be charged with a crime if you lie on this form. Print your answers using blue or black ink. Do not leave blanks.

    Who is the petitioner? You are the petitioner: the person asking the court to change the child’s name. Note: You MUST be a parent or nonparent managing conservator or legal guardian to ask for a child’s name to be changed.

    Who must be listed as a respondent in the Petition to Change the Name of a Child? If you are the child’s parent, you must list the other parent as a respondent. If you are a non-parent managing conservator or legal guardian of the child, you must list both parents as respondents.

    Important: Do not use these instructions if anyone else has a court-ordered relationship with the child.

  • Order Changing the Name of a Child. You will ask the judge to sign this form to change the child’s name. Fill out all blanks except: (1) the date of judgment, (2) the judge’s signature and (3) the judge’s name. You must also sign this form.
  • Child’s Consent to Name Change (For Child Age 10 or Older). This form must be signed by the child if the child is 10 years old or older. It tells the judge that the child wants his or her name to be changed. Note: If the child is 10 years old or older and does not want a name change, you can’t change his or her name.
  • Statement of Inability to Afford Payment of Court Costs. Fill out this additional form if you cannot afford to pay the filing fee for your case. Call the clerk’s office in the county where the child lives to learn the filing fee for your case.
  • Civil Case Information Sheet if you are filing this case in person instead of e-filing.
Tip: It’s a good idea to have a lawyer review your forms after you fill them out. You can hire a lawyer just to review your forms. This is called limited scope representation Use our Legal Help Directory tool to search for legal help in your area.
Step 2: Make copies. Expand Collapse

Make one copy of each of the following:

  1. Completed Petition to Change the Name of a Child,
  2. Statement of Inability to Afford Payment of Court Costs (if you cannot afford the filing fee), and
  3. Child’s completed Child’s Consent to Name Change (if your child is 10 or older).

You do not need copies of the:

  • Civil Case Information Sheet,
  • Information on Suit Affecting the Family Relationship, or
  • Order Changing the Name of a Child (unsigned by the judge).
Step 3: File (turn in) your Petition and other starting forms. Expand Collapse
  1. File (turn in) your completed Petition and additional starting forms with the district court clerk (or county court clerk, depending on the specific county) in the county where the child lives.

    Note: Check with the clerk of the court in the county where the child lives to learn which court in the county hears name change cases. Depending on the county, name changes may be heard in the district court or county court.

  2. At the clerk’s office, you will need to:

    • Turn in your completed court forms (and copies), except the Order Changing the Name of a Child form. You will present the Order form to the judge when it is time to finish your case.
    • Pay the filing fee (or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the fee).
    • Ask the clerk:
      • if there are local rules, standing orders, or procedures you need to know about for your case.
      • Ask the clerk when you can present your proposed Order Changing the Name of a Child to a judge. You may be able to present your proposed order to a judge that day. Or you may have to come back another day.

    The clerk will:

    1. write your “Cause Number” and “Court Number” at the top of the first page of your Petition to Change the Name of a Child and other forms, and
    2. “file-stamp” your copies with the date and time.
  3. Write the cause number and court number at the top of your Order Changing the Name of a Child form.
Step 4: Go to court to finish your case. Expand Collapse

Go to court to finish your case. Read Tips for the Courtroom for more information about going to court.

When you get to the courtroom, tell the judge’s clerk or court coordinator you are there. Give the clerk the following:

  • proposed Order Changing the Name of a Child,
  • file-stamped copy of your Petition to Change the Name of a Child,
  • the file-stamped copy of the Child’s Consent to Name Change (if applicable),
  • if a parent is dead, the parent’s death certificate,
  • if a parent’s parental rights were terminated, your certified copy of the court order terminating the parent’s rights, and
  • if you are not the child’s parent, a copy of the court order naming you as the child’s managing conservator or legal guardian.

Sit down until the judge calls your case.

When the judge calls your case:

  1. Walk to the front of the courtroom and stand in front of the judge’s bench.
  2. The judge will have you raise your right hand and swear to tell the truth.
  3. Tell the judge who you are and whether you are the child’s parent or the child’s nonparent managing conservator or legal guardian.
  4. Tell the judge you are asking that the child’s name be changed.
  5. Be prepared to quickly tell the judge why you think changing the child’s name is in the child’s best interest.
  6. The judge will listen to what you say and review your papers.

If everything is in order and the judge agrees that changing the child’s name would be in the child’s best interest, the judge will sign your Order Changing the Name of a Child.

Step 5: File the signed Order with the clerk. Expand Collapse

After the judge signs your Order Changing the Name of a Child, go back to the clerk’s office.

  1. File (turn in) the signed Order Changing the Name of a Child.Your case is not final until you do so.

  2. File the completed Information on Suit Affecting the Family Relationshipform.

  3. Get several—at least five—certified copies of the Order from the clerk. You must pay a small fee for each certified copy.

    You will need certified copies of the Order to change the child’s name on the child’s social security card, birth certificate, passport, school records, etc.

    Each agency will want a certified copy of the Order to keep. You will also want a certified copy of the Order for your records.

Step 6: After your case is finished. Expand Collapse

You are responsible for notifying the appropriate agencies of your child’s new name.

  1. To change your child’s social security card, contact your local Social Security Administration (SSA) office.
  2. To change your child’s Texas birth certificate, contact the Texas Department of State Health Services–Vital Statistics Unit. Read the Bureau’s Requirements for Requesting/Changing Vital Records page, which explains birth certificate amendments and includes paperwork for requesting corrections and amendments.

    If your child was born in another state, contact the vital statistics office in that state.

  3. Contact the U.S. State Department to change the name on the child’s passport.
  4. To change your child’s school records, take a certified copy of the Order to your child’s school.

Forms Required

  • Petition to Change the Name of a Child [Filed by One Parent] (Other Parent Deceased or Rights Terminated)

    FM-NCC3-100

    Use to ask the court to change a child's name if one parent is filing and other parent is dead/has no rights. Download Form
  • Child's Consent to Name Change - one parent filing - other parent dead or rights terminated

    FM-NCC3-113

    Use if child is 10 years or older. Submit with petition when nonparent files for a child's name change. Download Form
  • Order Changing the Name of a Child [Filed by One Parent] (Other Parent Deceased or Rights Terminated)

    FM-NCC3-200

    Submit with petition when one parent files and the other is dead/has no rights. If judge agrees, order will be signed. Download Form
  • Civil Case Information Sheet

    PR-Gen-116

    Information sheet that must be attached to civil, family, probate, and mental health petitions. Download Form
  • Fee Waiver (Bilingual) - Statement of Inability to Afford Payment of Court Costs or an Appeal Bond

    CB-CFFW-100

    Use to ask a court to waive court costs, appeal bonds, or cash deposits; based on your inability to pay. Download Form
  • Information on Suit Affecting the Family Relationship (Excluding Adoptions)

    VS-165

    Information sheet for reporting divorce, annulment, and SAPCR cases to Texas Vital Statistics Unit. Sometimes called the "Austin form." Download Form
Instructions and Forms for Child Name Change: Nonparent Conservator Will File; Parents, Other Conservators, or Legal Guardians Will Be Served Expand Collapse
  • Print
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.A lawyer is trained to protect your legal rights. Even if you decide to represent yourself, try to talk to a lawyer about your case before filing anything. Visit the Legal Help Directory or read Working with a Private Attorney for more information.

These instructions explain the basic steps for a nonparent conservator to ask a court to change a child’s name when the child has parents, another conservator, or legal guardian who will not agree to sign the necessary court papers. Each step includes a link to the form or forms needed for that step.

Use these instructions if you are the child’s non-parent conservator and the child has:

  • a living parent or parents whose parental rights have not been terminated who will not agree to the name change and sign the necessary court forms, or
  • a court appointed conservator or legal guardian who will not agree to the name change and sign the necessary court forms.

As a service to all Texans, the Harris County Law Library combines TexasLawHelp forms and instructions into downloadable PDF packets, which are available at their Combined TexasLawHelp Forms Packets page.

Frequently Asked Questions

Who are the petitioner and respondent?

  • In a case to change a child's last name, the petitioner is the person asking the court to change the child’s name.
  • Who is the respondent? The petition must list the child’s living parents (whose rights have not been terminated) as the respondent. Anyone else who has been named by a court as the child’s managing conservator or legal guardian must also be listed as a respondent.

What if a parent is dead?

If, when you are going to court to change the last name of a child and either of the child’s parents are dead, check the box in the Original Petition to Change Child's Name that says a parent is deceased, and attach a copy of the parent’s death certificate. Keep the original death certificate. You will need it when you go to court.

What if a parent’s parental rights were terminated?

If either of the parent’s parental rights have been terminated by a court order, check the box that says the parent’s parental rights were terminated and attach a copy of a certified copy of the court order that terminated the parent’s rights. (Note: Keep the actual certified copy of the court order. You will need it when you go to court.).

What if I can’t find the child’s parent(s), conservator or legal guardian?

If you cannot find the child’s parents, conservators, or legal guardians after looking really hard, you must have them served legal guardian by publication in a local newspaper. You must also hire a lawyer to serve as the parents’, conservators', or legal guardian’s attorney ad litem.

For more information see Service by Publication. This process is complicated and can be expensive. If you can’t find the child’s parents, conservators, or legal guardians, it’s a good idea to talk with a lawyer before going to the next step.

What if I don’t know who the child’s parents are?

If you don’t know the identity of the child’s parents you must have the “unknown parent(s)” served by publication in a newspaper. You must also hire a lawyer to serve as the unknown parent(s)’s “attorney ad litem.” This process is complicated and can be expensive. If you don’t know the identity of a parent, it’s a good idea to talk with a lawyer before going to the next step.

Checklist Steps

Step 1: Fill out the court forms. Expand Collapse

Fill out the following starting forms:

  • Petition to Change the Name of a Child (Set D) (Petition). This form asks the judge to change a child’s name that you are a conservator of. You must sign this form under penalty of perjury. This means it is a crime to lie on this form. Print your answers using blue or black ink. Do not leave blanks. Talk with a lawyer if you have questions or need help.

    Note: The Petition asks for your address. Each respondent will get a copy of your Petition. If you are concerned about a respondent knowing your address, call the Family Violence Legal Line at (800) 374-4673, or Crime Victims at (844) 303-7233 for free advice.

  • Child’s Consent to Name Change (For Child Age 10 or Older). If the child is 10 years old or older, you cannot change the child’s name without his or her consent.
  • Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. Fill out this additional starting form if you cannot afford to pay the filing fee for your case. Call the district or county clerk’s office to learn the filing fee for your case. Learn more here: Court Fees and Fee Waivers.
  • Civil Case Information Sheet, if you are filing in person at the courthouse, with paper copies (instead of e-filing).

Make one copy for yourself and one copy for each respondent of these completed forms:

  • Petition to Change the Name of a Child.
  • Child’s Consent to Name Change (For Child Age 10 or Older)
  • You do not need copies of the Civil Case Information Sheet or the Information on Suit Affecting the Family Relationship.
  • Keep a copy of the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond if you are asking the court to waive court costs.

Finally, fill out the Order Changing the Name of a Child (Set D). You will ask the judge to sign this Order form to change the child’s name. You must fill it out before going to court. Fill it out completely except:

  • The date of the judgment;
  • Section 1, Appearances (wait to fill this section out until you arrive at the courthouse the day of the hearing),.
  • Section 2, Record (the Court fills this section out),
  • The judge’s signature; and
  • The judge’s name.
Tip: It’s a good idea to have a family law lawyer review your completed forms. You can hire a lawyer just to review your forms. This is called “limited scope representation.” You may also be able to talk with a lawyer for free at a legal clinic. If you need help finding a lawyer, you can use our Legal Help Directory to search for a lawyer referral service, legal aid office or self-help center in your area.
Step 2: File (turn in) your starting forms. Expand Collapse

File (turn in) your completed Petition and additional starting forms with the district court clerk (or county court clerk, depending on the specific county) in the county where the child lives.

Note: Check with the clerk of the court in the county where the child lives to learn which court in the county hears name change cases. Depending on the county, name changes may be heard in the district court or county court.

  • To file your forms online, go to E-File Texas and follow the instructions.
  • To file your forms in person, take the Petition and additional starting forms (and copies) to the district or county clerk’s office in the county you determined is the correct county to file for the name change.

At the clerk’s office:

  1. Turn in your Petition and other starting forms (and copies). Don’t turn in the form for the order yet. You will present the order to the judge when it is time to finish your case.
  2. Tell the clerk you want to have everyone listed as a respondent served in person. This means a sheriff, constable or private process server will deliver the initial court papers to each respondent in person.

    Remember: If every respondent will agree to the name change and to sign the necessary court forms, you do not need to have the respondents served. Instead, click on the Instructions and Forms tab, then scroll down and select Instructions and Forms for Child Name Change—Nonparent Conservators, Parents, Other Conservator, or Legal Guardian Agree to File Together (Set E). Follow those instructions and use those forms instead.
  3. Pay the filing fee and issuance fee (or file your completed Statement of Inability to Afford Payment of Court Costs or an Appeal Bond if you cannot afford the fees). You can call the clerk’s office ahead of time to learn the amount of fees for your case.
  4. Ask the clerk if there:
    • is a local standing order that you need to follow or attach to any of your documents, and
    • are local rules or procedures you need to know about for your case.

The clerk will:

  1. write your cause number and court number at the top of the first page of your petition. Write these numbers at the top of any document you file in your case.
  2. file stamp your copies with the date and time. The clerk will keep the originals and give you back your copies.
  3. print a form called a citation.

    The citation tells each respondent that you have filed for a name change for the child that you are conservator of.

    The citation also tells each respondent that unless they file an answer with the court, you will be able to finish your case by default (without the respondent).

  4. attach the other copy of your petition to the citation. The citation plus a copy of your petition attached to it are the “initial court papers” that must be served on each respondent by a constable, sheriff or private process server.

    Read Step 3 for instructions about service of process.

Step 3: Have the child’s parents, other conservators, and legal guardians served. Expand Collapse

You must have the child’s living parents (whose parental rights have not been terminated), conservators, and legal guardians (each respondent) served with the initial court papers. You cannot serve the initial court papers yourself.

To have the respondents served in person:

  • send the initial court papers to a constable, sheriff or private process server in the counties where each respondent lives, or
  • include the service fee (call first to learn the fee) or a file-stamped copy of your Statement of Inability to Afford Payment of Court Costs or an Appeal Bond,
  • also include a self-addressed and stamped envelope.

The constable, sheriff or private process server will:

  • give the initial court papers to each respondent,
  • complete a Return of Service form that says when and where each respondent was served,
  • send the completed Return of Service to you or the court.

The completed Return of Service is proof that each respondent was served. The child’s parents or other conservator or legal guardian will not have to sign anything.

If any Return of Service is sent to you, file it at the clerk’s office. Each Return of Service must be on file for at least 10 days before you can finish your case, not counting the day it is filed or the day you go to court to finish your case.

Note: Getting each respondent served in person is best. However, there are other ways to get someone served. To learn about more, read: How to Serve the Initial Court Papers. If you have questions, you can use Ask a Question to chat with a lawyer or law student online.

Step 4: Wait the required waiting periods. Expand Collapse

Wait the waiting periods that apply to your case.

  • 20+ day waiting period

    From the day each respondent is served, that respondent must have at least 20 days plus the next Monday at 10 a.m. to file an Answer. Find the day each respondent was served on a calendar, count out 20 more days, then go to the next Monday.

    You can also use the Texas Courts Answer Deadline Calculator to help you figure out their answer deadline.

screen shot of texaslawhelp deadline calculator
  • Each respondent must have until this date to file an answer. If each respondent does not file an answer by this date (and all other requirements have been met) you can finish your case by default without the respondents.

    Note: Any respondent can file an answer up until the time you finish your case, even if the 20+ day waiting period has already passed.

  • 10+ day waiting period

    The constable, sheriff, or private process server should have completed a Return of Service form stating when each respondent was served.

    The Return of Service form must be on file with the court for at least 10 days for each respondent before you can finish your case.

    Important: When counting the 10 day waiting period, do not count the day the Return of Service is filed with the court and do not count the day you go to court to finish your case.

Step 5: Can your case be finished by default? Expand Collapse

Call the clerk’s office to ask whether any of the respondents filed an Answer with the court.

What Is a default?

A default happens when:

  1. You had each respondent properly served with the initial court papers, and
  2. None of the respondents filed an Answer with the court.

If every respondent was served and none filed an answer, you can finish your case without them—this is called finishing the case by default.

What If a Respondent did file an Answer?

  • If any respondent filed an Answer and will not sign your completed Order Changing the Name of a Child, your case is contested, and you cannot finish by default.
  • Skip to Step 8
Contested cases are more complicated. It’s best to have a lawyer.

What If the Respondent who filed an answer agrees?

  • If a respondent did file an answer but is now willing to sign your completed Order: You can finish your case by agreement with that respondent.
  • Use the instructions in: Instructions & Forms for Child Name Change – Nonparent Conservators, Parents, or Legal Guardians Agree to File Together (Set E).
  • For any other respondents who were served but did not file an answer, you can still finish the case by default, using the instructions below.

When can you finish by default?

  • You can finish your case by default for each respondent who did not file an answer—only if all the following are true:

    ✅ The respondent was served by a constable, sheriff, or private process server.

    ✅ A Return of Service form (showing when and where the respondent was served) has been on file for at least 10 days (not counting the day it was filed or the day you go to court).

    ✅ The 20-day waiting period for that respondent to file an answer has passed.

    ✅ The respondent has not filed an answer, and does not file one before you finish your case. (Respondents can still file an answer anytime before your case is finalized—even after 20 days.)

    ✅ Any other respondent who did file an answer has signed your proposed Order, showing they agree to the name change.

Extra Forms You Need for Each Defaulted Respondent

  • For each respondent who did not file an answer, fill out and make one copy of these forms:
    • Certificate of Last Known Address,
    • Military Status Declaration

      If your case is in Harris County, fill out a Military Status Affidavit instead. Sign it in front of a notary.

    • Statement of Evidence (only if a respondent was served by Publication).
Step 6: Get ready for court. Expand Collapse
  • Call the clerk’s office to find out when and where the court hears uncontested name change cases.

  • Call the clerk’s office again the day before you plan to go to court to make sure the respondents still have not filed an answer.

    If a respondent has filed an answer, you cannot finish your case by default. Skip to Step 8.
  • You must give testimony to the judge when you go to court to finish your case.

    This is sometimes called prove-up testimony. You will testify about each of the points in your petition form.

    Remember, everything you say in court must be true and correct. You can be charged with a crime for lying in court.

  • Read Tips for the Courtroom for more information about going to court.

Step 7: Go to court to finish your case. Expand Collapse

Bring these papers to the courthouse on the day you plan to finish your case:

  • A file-stamped copy of your Petition to Change the Name of a Child.
  • A file-stamped copy of the Return of Service form showing when and where each respondent was served.
  • A file-stamped copy of the Child’s Consent to Name Change (if applicable).
  • A proposed Order Changing the Name of a Child completely filled out and signed by you.
  • A completed Certificate of Last Known Address form for each respondent that did not file an answer and one copy.
  • A completed Declaration of Military Status (or Affidavit of Military Status) for each respondent that did not file answer and one copy.
  • If a respondent was served by publication, a completed Statement of the Evidence for that respondent and the lawyer you hired to serve as attorney ad litem for the respondent.

When you get to the courthouse, go to the clerk’s office.

  • Ask the clerk to check one more time to see if a respondent that did not file an answer has now filed an answer. If a respondent has now filed an answer, you will not be able to finish your case by default. Skip to Step 8.
  • Tell the clerk you are there and give the clerk your paperwork.
  • File the Certificate of Last Known Address and the Declaration of Military Status (or Affidavit of Military Status) for each respondent that did not file an answer.
  • Ask the clerk to file stamp your copy of each form. Bring a file-stamped copy of each form with you to court.

Go to the courtroom and wait until the judge calls your case.

  • When the judge calls your case, walk to the front of the courtroom and stand in front of the judge’s bench.
  • The judge will ask you to raise your right hand and swear to tell the truth.
  • Tell the judge that you are asking the court to change the child’s name. Be prepared to quickly tell the judge why you think changing the child’s name is in the child’s best interest.
  • The judge will listen to what you say and review your forms. If everything is in order and the judge agrees that changing the child’s name would be in the child’s best interest, the judge will sign your Order Changing the Name of a Child. To finish your case by default, skip to Step 9.
Step 8: Finish your contested case. Expand Collapse

To finish a contested case, you must set a contested final hearing. You must give the respondent that filed an answer at least 45 days’ notice of the final hearing. Follow the contested hearing steps below if your case is contested:

  1. Step 1: Print a Notice of Final Hearing form: Notice of Final Hearing (Any Family Case)

  2. Step 2: Learn when the judge schedules contested final hearings. Call the clerk’s office to learn what days and times the judge in your county schedules contested final hearings. It will help you to know your options before moving to this step, "Finish your contested case."

  3. Step 3: Talk to the other side (if possible). In most counties, you must make a reasonable effort to talk with the other side and agree on a final hearing date. If the other side has a lawyer, talk with the lawyer.

    If the other side will not agree to a hearing date, that’s okay. You just have to make a reasonable effort. Take notes about your efforts in case the judge or clerk needs you to prove you tried.

    Important! If you are concerned about your safety, call the Family Violence Legal Line at 800-374-4673 or Crime Victims at 844 303-7233 for free advice before talking with the other side.

    WARNING! If a judge has signed a Protective Order ordering you not to contact the other side, do not violate that order. Talk with a lawyer about your options.

  4. Step 4: Schedule the final hearing.

    Call the clerk’s office. Tell the clerk you want to set your case for a contested final hearing. Ask for a hearing date that is at least 60 days away. (Remember, the other side must receive a copy of your Notice of Final Hearing form at least 45 days before the date of the final hearing.) Be prepared to tell the clerk how much time you think the hearing will take for both you and the other side. Talk with a lawyer about how much time to estimate for your hearing. The judge will usually limit you to your estimated time.

    The clerk will give you a date and time for the hearing.

  5. Step 5: Fill out the Notice of Final Hearing form. Fill out the form completely in blue or black ink and sign it. Remember to:

    1. write in the date and time of the hearing,
    2. write in the full physical address of the court where the hearing will be held,
    3. write in how much time you estimate the hearing will take for both you and the other side,
    4. fill out and sign the Certificate of Service, and
    5. sign the Certificate of Conference if you made a “reasonable effort” to talk with the other side about the hearing date.
    6. Note: The Notice of Final Hearing asks for your address. The other side will get a copy of this form. If you are concerned about the other side knowing your address, call the Family Violence Legal Line at 800-374-4673 for free advice.

  6. Step 6: Make copies of the Notice of Final Hearing form. Make a copy of your completed Notice of Final Hearing form for each person named as a party in your case, including yourself.

  7. Step 7: File the Notice of Final Hearing form.

    File (turn in) your completed Notice of Final Hearing form (and copies) at the clerk’s office.

    The clerk will “file-stamp” your forms with the date and time and return the copies to you.

    Tell the clerk if you want a sheriff, constable or private process server to serve the Notice of Final Hearing on the other side.

    Tip: Ask the clerk if there are local rules or procedures that apply to your case. For example you may need to file pretrial forms or attend mediation before you can finish your case. Each county has different rules.

  8. Step 8: Send a file-stamped copy of the Notice of Final Hearing to the other side. You must send a file-stamped copy of the Notice of Final Hearing to each person (or agency) named as a party in your case. If the other side has a lawyer, send it to the lawyer. Send the Notice of Final Hearing by:

    Constable, sheriff or private process server. (This is best, if the other side doesn’t have a lawyer). If you arranged for a constable, sheriff or private process server to serve the Notice of Final Hearing, the officer will fill out and sign a Return of Service form. Make a copy of the Return of Service form and file the original at the clerk’s office. Ask the clerk to “file-stamp” your copy. This is your proof.

    Certified mail, return receipt requestedand regular mail. If you sent the Notice of Final Hearing by certified mail, return receipt requested, keep the white receipt as proof that you mailed it. Keep the green return receipt card as proof that the other party received it. The green card should be signed by the other party. The white receipt and green card are your proof.

    Fax. If you sent the Notice of Final Hearing by fax, the fax confirmation page is your proof;

    Email. If you sent the Notice of Final Hearing by email, print the email, and any emails you receive in response from the other party. The emails are your proof.

    Commercial delivery service (such as FedEx or UPS). If you sent the Notice of Final Hearing by commercial delivery (such as FedEx or UPS), the receipt signed by the commercial delivery service is your proof.

  9. Step 9: Get ready for court.

    Talk with a lawyer to learn how to get ready for your contested hearing. You must give testimony to the judge when you go to court to finish your case. You will testify about each of the points in your petition form. Remember, everything you say in court must be true and correct. You can be charged with a crime for lying in court.

    Read Tips for the Courtroom for more information about going to court.

    Every hearing is different. Remember: It’s always best to have a lawyer if your case is contested.
Step 9: File (turn in) the signed Order. Expand Collapse

After the judge signs the Order Changing the Name of a Child, go back to the clerk’s office.

File (turn in) the Order Changing the Name of a Child signed by the judge. Your case is not final until you do so.

Get at least five certified copies of the Order Changing the Name of a Child signed by the judge from the clerk while you are there. The clerk will charge a fee for the certified copies.

You will need certified copies of the Order to change the child’s name on the child’s (1) social security card, (2) birth certificate, (3) passport, (4) school records, etc. Each agency will want a certified copy of the order to keep. You will also want a certified copy of the order for your records.

Step 10: After your case is finished. Expand Collapse

You are responsible for notifying the appropriate agencies of the child’s new name. Take a certified copy of the Order Changing Name of a Child to the following agencies:

  • Your local Social Security Administration (SSA) office to change the child’s social security card.
  • Contact the U.S. State Department to change the name on the child’s passport.
  • The Texas Department of State Health Services, Vital Statistics Unit to change the child’s birth certificate
    • See the Department's Birth and Death Amendments forms.
    • If the child was born in another state, contact the vital statistics office in that state.
  • To change the child’s school records, take a certified copy of the order to the child’s school.

Each agency will want a certified copy of the order to keep. You will also want a certified copy of the order for your records.

Forms Required

  • Petition to Change the Name of a Child - Nonparent or Guardian - Other Conservator, or Legal Guardian Will be Served

    FM-NCC4-100

    For non-parents. Use to ask the court to change a child's name. The legal guardian(s) will be given notice. Download Form
  • Civil Case Information Sheet

    PR-Gen-116

    Information sheet that must be attached to civil, family, probate, and mental health petitions. Download Form
  • Information on Suit Affecting the Family Relationship (Excluding Adoptions)

    VS-165

    Information sheet for reporting divorce, annulment, and SAPCR cases to Texas Vital Statistics Unit. Sometimes called the "Austin form." Download Form
  • Child's Consent to Name Change - one parent filing - other parent dead or rights terminated

    FM-NCC3-113

    Use if child is 10 years or older. Submit with petition when nonparent files for a child's name change. Download Form
  • Fee Waiver (Bilingual) - Statement of Inability to Afford Payment of Court Costs or an Appeal Bond

    CB-CFFW-100

    Use to ask a court to waive court costs, appeal bonds, or cash deposits; based on your inability to pay. Download Form
  • Order Changing the Name of a Child - Nonparent Filing - Respondent Served

    FM-NCC4-200

    Submit with petition when legal guardian(s) are given notice. If the judge agrees, the order will be signed. Download Form
  • Notice of Final Hearing [SAPCR / Modification / Paternity / Name Change]

    FM-Chil-403

    Use to set a final hearing. Notify the other party. Download Form
  • Military Status Affidavit

    PR-DJ-111

    Use form when you file lawsuit, need affidavit regarding the other party’s military status. Requires notary signature. Download Form
  • Military Status Declaration

    PR-DJ-112

    Use this form when you file a lawsuit and need to certify the other party’s military status and do not have access to a notary. Download Form
  • Certificate of Last Known Mailing Address

    PR-DJ-110

    Use this form when you file a lawsuit and need to certify the other party’s last-known mailing address. Download Form
Instructions and Forms for Child Name Change: Nonparent Conservator, Parents, Other Conservator, or Legal Guardian Agree to File Together (Set E) Expand Collapse
  • Print
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer. A lawyer is trained to protect your legal rights. Even if you decide to represent yourself, try to talk to a lawyer about your case before filing anything. Visit the Legal Help Directory for help finding a lawyer. Also read Working with a Private Attorney.

These instructions explain the steps to change children’s names if you and the children’s other parent(s), conservator(s), or legal guardian(s) agree to file the request for name change together. Each step includes a link to the form or forms needed for that step.

  • Use these instructions if: The children have a living parent or parents (whose parental rights have not been terminated), or court-appointed conservators, or legal guardians who will agree to the name change and sign the necessary court forms.
  • Do not use these instructions if: Any parties disagree about the name change of the children.

Checklist Steps

Step 1: Fill out the court forms Expand Collapse

Fill out these forms:

  • Petition to Change the Name of a Child (Set E). This form asks the judge to change your child’s name. You, the child’s parents, and any must sign this form under penalty of perjury. This means it is a crime to lie on this form.
    • You are the “Petitioner.” The child’s other parent is the “Co-Petitioner.”
    • Print your answers using blue or black ink. Do not leave blanks.
  • Order Changing the Name of a Child (Set E). You will ask the judge to sign this form to change the child’s name. You must fill it out before going to court. Fill out all blanks except:
    • date of judgment,
    • judge’s signature, and
    • judge’s name.
    • This form must also be signed by both you and the other petitioners.

Other Forms:

  • Child’s Consent to Name Change (For Child Age 10 or Older). This form must be signed by the child if the child is 10 years old or older. It tells the judge that your child wants his or her name to be changed. Note: If the child is 10 years old or older, you cannot change your child’s name without his or her consent.
  • Statement of Inability to Afford Payment of Court Costs. Fill out this additional form if you cannot afford to pay the filing fee for your case. Call the clerk’s office in the county where the child lives to learn the filing fee for your case.
  • Civil Case Information Sheet: You need this form if you are filing the name change case in person, at the courthouse, instead of e-filing.
Step 2: Make copies. Expand Collapse

Make one copy of each of the following:

  • your completed Petition to Change the Name of a Child (signed by you, the other parents, the other conservators, and the other legal guardians),
  • your Statement of Inability to Afford Payment of Court Costs (if you cannot afford the filing fee), and
  • the child’s completed Child’s Consent to Name Change (if the child is 10 or older).

You do not need copies of the Civil Case Information Sheet form, if you are filing in person.

Step 3: File your forms with the court. Expand Collapse

File (turn in) your completed Petition and additional starting forms with the district court clerk (or county court clerk, depending on the specific county) in the county where the child lives.

Note: Check with the clerk of the court in the county where the child lives to learn which court in the county hears name change cases. Depending on the county, name changes may be heard in the district court or county court.

At the clerk’s office:

  1. Turn in your completed court forms (and copies), except the Order Changing the Name of a Child form. Don’t turn in the Order form yet. You will present the Order form to the judge when you go to court.
  2. Pay the filing fee or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the fee.
  3. The clerk will write your “Cause Number” and “Court Number” at the top of the first page of your Petition to Change the Name of a Child and other forms. (Write these numbers at the top of your Order Changing the Name of a Child form.)
  4. The clerk will “file-stamp” your copies with the date and time. The clerk will keep the originals and give you back your copies.
  5. Ask the clerk if:
    • There are local rules or procedures you need to know about for your case.
    • When you can present your proposed Order Changing the Name of a Child to a judge. You may be able to present your proposed order to a judge that day. Or you may have to come back another day.
Step 4: Go to court to finish your case. Expand Collapse
  1. Go to court to finish your case. Read Tips for the Courtroom for more information about going to court.
  2. When you get to the courtroom, tell the judge’s clerk you are there and give the clerk the following documents:
    • your completed proposed Order Changing the Name of a Child (signed by you, the other parents, conservators, and legal guardians), and
    • the file-stamped copy of your Petition to Change the Name of a Child, and
    • the file-stamped copy of the Child’s Consent to Name Change (if applicable).
  3. Sit down until the judge calls your case.
  4. When the judge calls your case, walk to the front of the courtroom and stand in front of the judge’s bench.
    • The judge will have you raise your right hand and swear to tell the truth.
    • Tell the judge that you and your child’s other parent are asking that the child’s name be changed.
    • Be prepared to quickly tell the judge why you think changing your child’s name is in your child’s best interest .
  5. The judge will listen to what you say and review your forms.
  6. If everything is in order and the judge agrees that changing your child’s name would be in your child’s best interest, the judge will sign your Order Changing the Name of a Child.
Step 5: File the signed Order with the clerk. Expand Collapse

After the judge signs your Order Changing the Name of a Child, go back to the clerk’s office.

  1. File (turn in) the signed Order Changing the Name of a Child.Your case is not final until you do so.
  2. File the completed Information on Suit Affecting the Family Relationshipform.
  3. Get several—at least five—certified copies of the Order from the clerk. You must pay a small fee for each certified copy.

    You will need certified copies of the Order to change the child’s name on the child’s social security card, birth certificate, passport, school records, etc.

    Each agency will want a certified copy of the Order to keep. You will also want a certified copy of the Order for your records.

Step 6: After your case is finished. Expand Collapse

You are responsible for notifying the appropriate agencies of the child’s new name. Take a certified copy of the Order Changing Name of a Child to the following agencies:

  • Your local Social Security Administration (SSA) office to change the child’s social security card.
  • Contact the U.S. State Department to change the name on the child’s passport.
  • The Texas Department of State Health Services, Vital Statistics Unit to change the child’s birth certificate. Find the Department's Birth and Death Amendments forms.

    If the child was born in another state, contact the vital statistics office in that state.

  • To change the child’s school records, take a certified copy of the order to the child’s school.

Each agency will want a certified copy of the order to keep. You will also want a certified copy of the order for your records.

Forms Required

  • Petition to Change the Name of a Child - Nonparent or Guardian Agrees

    FM-NCC5-100

    Use to ask the court to change a child's name if a non-parent/legal guardian(s) agrees to the filing. Download Form
  • Order Changing the Name of a Child - Parents, Conservators, and Legal Guardians Agree

    FM-NCC5-200

    Submit with petition when non-parent/legal guardian(s) agrees. If the judge agrees, the order will be signed. Download Form
  • Civil Case Information Sheet

    PR-Gen-116

    Information sheet that must be attached to civil, family, probate, and mental health petitions. Download Form
  • Information on Suit Affecting the Family Relationship (Excluding Adoptions)

    VS-165

    Information sheet for reporting divorce, annulment, and SAPCR cases to Texas Vital Statistics Unit. Sometimes called the "Austin form." Download Form
  • Child's Consent to Name Change - Parents, Nonparents, Conservators Agree to Name Change

    FM-NCC5-113

    Use if child is 10 years or older. Submit with petition when non-parent/legal guardian(s) agrees to the name change. Download Form
  • Fee Waiver (Bilingual) - Statement of Inability to Afford Payment of Court Costs or an Appeal Bond

    CB-CFFW-100

    Use to ask a court to waive court costs, appeal bonds, or cash deposits; based on your inability to pay. Download Form
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Tag » How To Change Childs Last Name