Dallas-Fort Worth Name Changes Attorneys Serving Collin, Tarrant, & Rockwall Counties

It has long been a tradition for one spouse to change their name after getting married, or for both spouses to hyphenate their individual surnames into one new family name. Although this is a common practice, it should be acknowledged that legally changing your name can come with both emotional and logistical difficulties. If you’ve made this very personal decision for yourself and/or your children, it’s a good idea to consult with an experienced attorney like ours at Shemesh Family Law. There are important legal steps to take and boxes to check to make sure the name change process is done correctly, and our lawyers are prepared to guide from start to finish.

On this page, we’ve provided answers to some commonly asked questions about name changes in Texas. After reading, you can get answers to any additional questions during an initial consultation at our Dallas office.

Our Dallas-Fort Worth family law lawyers help clients with name changes throughout the Dallas-Fort Worth metro area, including residents of Dallas County, Collin County, Tarrant County, Rockwall County, Denton County, Ellis County and Hunt County. Contact our law firm for questions about the name change process in Texas.

How much does it cost to change your name?

Costs will depend on factors like the method you use for the name change, which part of Texas you file in and whether you work with an attorney. Currently, the costs for filing fees and related expenses will typically be between $150 and $300.

How long does the name-change process take?

Time will vary based on the same factors listed above. Changing your name could take just a day, it could take six months or some amount of time in between. Working with an attorney will ensure that there are no undue delays or problems that could derail the process.

Is changing my name after divorce more difficult than the change when I got married?

It is not considerably more difficult as long as you are reverting back to your original name (sometimes called your maiden name). Your request to restore your original name needs to be included in your divorce petition, and a copy of the divorce decree can be used as documentary evidence when getting the change approved.

What does the adult name-change process entail?

If you want to change your name for reasons other than marriage or divorce, you’ll need to file an “Original Petition for Change of Name” in your county of residence. You must include important personally identifying information in the petition including Social Security number, current address, birthdate and driver’s license number. You’ll also be required to submit a copy of your fingerprints and verify that you haven’t been convicted of any crimes that would disqualify you for a name change.

The process will include attending a hearing with a judge, who will approve or deny the change.

Adult Name Change Process In Texas

The process of changing your name, in TX, is listed below. These are the general steps required to legally change an adult’s name in Texas. Please review the steps carefully to ensure all requirements are met.

1.Determine the Reason for the Name Change 

The court may require you to provide a valid reason for requesting a name change. Common reasons include personal preference, gender identity, marriage, or divorce. Be prepared to provide any necessary documentation supporting your request.

2. Petition the Court 

Once a petition is complete, it will need to be filed with the appropriate court in your jurisdiction.

3. Obtain a Court Order 

Depending on the jurisdiction, you may be required to attend a court hearing to explain your reason for the name change. The court will review your petition and determine if the name change is granted or denied. If the name change is granted, you will need to go to the clerk’s office and obtain a Change of Name certificate or a certified copy of the court’s order as proof of the name change.

4. Update Your Identification and Records 

Once your name change is granted, you will need to update your name on various records, including, but not limited to:

• • Social Security Administration
• • Driver’s License or State ID
• • Passport
• • Employment and Tax Records
• • Voter Registration

Each institution may have specific requirements for updating your information, so be sure to inquire with each.

Cases Where the Court Has Denied an Adult Name Change 

In Texas, courts are required to consider the public interest when determining whether to grant a name change. According to the Texas Family Code, the court has the discretion to deny the request if it finds the name change is being sought for fraudulent or malicious purposes. Moreover, a Texas Appeals Court denied a petitioner’s request for a name change when it was requested for someone else by a third party. See Gault v. Gault, No. 13-18-00097-CV, 2019 WL 4008403, at *3-4 (Tex. App. Aug. 26, 2019), review denied (Mar. 27, 2020).

Given the complexity of the name change process and the legal implications involved, we strongly recommend that you consider hiring an experienced Dallas-Fort worth attorney to assist you with your name change. Our lawyers would love to assist you with your name change and provide you with the legal support needed to make the process as smooth as possible. Please feel free to contact our office to schedule a consultation, where we can discuss your specific situation and provide you with tailored legal guidance.

Is the process different for changing a child’s name?

Much of the process is the same. However, there some important things to be aware of. First of all, the petition must be filed by the child’s parent, legal guardian or conservator. If both parents are still living and retain their parental rights, both must approve of the name change or one parent must have the other parent served with a legal notice that the petition has been filed. If the child is age 10 or older, they must give their written consent to the change, which must be included in the petition.

Child Name Change Process In Texas

Listed below is the process of changing your child’s name. These are the general steps required to legally change a child’s name in Texas. Please review the steps carefully to ensure all requirements are met.

1. Determine the Reason for the Name Change 

The court may require you to provide a valid reason for requesting a name change. Common reasons include avoiding disruption for the child, helping the child’s associational identity within a family unit, and the child’s preference. Be prepared to provide any necessary documentation supporting your request.

2. Obtain Parental Consent 

Generally, both parents must consent to the name change. If one parent does not agree, the court will require a hearing where the requesting parent must show that the name change is in the child’s best interest. If one parent’s rights have been terminated or the parent cannot be located, the court may require documentation or a waiver of their consent.

3. Petition the Court

Once a petition is complete, it will need to be filed with the appropriate court in your jurisdiction.

4. Notify the Other Parent (If Applicable) 

If the other parent has not signed the petition, Texas law requires that they be properly served with legal notice of the request.

5. Obtain a Court Order 

Once the petition has been filed and required notices have been given, the court will schedule a hearing. At the hearing, you will need to present the reason for the name change. If the court finds that the change is in the child’s best interest, the court will grant the petition. You will then need to go to the clerk’s office and obtain a Change of Name certificate or a certified copy of the court’s order as proof of the name change.

6. Update Identification and Records 

Once the child’s name change is granted, you will need to update their name on various records, including, but not limited to:

• • Birth Certificate
• • Social Security Administration
• • School and Medical Records

Cases Where the Court Has Denied a Child’s Name Change: 

In Texas, courts are given wide discretion in determining whether a name change is in a child’s best interest. The Houston Court of Appeals denied a parents request to change their child’s name when it found that the reason for the name change was for “tradition,” but no attempt was made to link the “tradition” with any factors relevant to the child’s best interest. See In re H.S.B., 401 S.W.3d 77, 86 (Tex. App.—Houston [14th Dist.] 2011, no pet.)Moreover, the Dallas Court of Appeals held that “tradition” standing alone cannot justify changing a child’s name. See In re Guthrie, 45 S.W.3d 719, 724 (Tex. App.—Dallas 2001, pet. denied).

Given the complexity of the name change process and the legal implications involved, we strongly recommend that you consider hiring an experienced attorney to assist you. Our Dallas-Fort Worth lawyers would love to assist you with your child’s name change and provide you with the legal support needed to make the process as smooth as possible. Please feel free to contact our office to schedule a consultation, where we can discuss your specific situation and provide you with tailored legal guidance.

Who Can File the Petition 

The name of a child may be changed on the petition of a parent, managing conservator, or guardian of the child. In this context, “child” or “minor” means a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes. Tex. Fam. Code Ann. § 45.001.

What Needs to Be Included in the Petition 

A petition to change the name of a child must be filed in the district court of the child’s county of residence. The petition must be verified and must include:

1. The present name and place of residence of the child;
2. The reason a change of name is requested;
3. The full name requested for the child;
4. Whether the child is subject to the continuing exclusive jurisdiction of a court under Tex. Fam. Code Ann. §§ 155.001 et seq. because of a prior suit affecting the parent-child relationship; and
5. Whether the child is subject to the sexual offender registration requirements of Tex. Crim. Proc. Code Ann. art. 62.001 et seq.

See Tex. Fam. Code Ann. § 45.002(a).

In addition, if the child is 10 years of age or older, the child’s written consent to the change of name must be attached to the petition. See Tex. Fam. Code Ann. § 45.002(b).

Citation of the Suit 

Each parent and any guardian or managing conservator of the child is entitled to citation in the suit. Citation must be issued and served in the same manner as in suits affecting the parent-child relationship. A party may waive the issuance or service of citation after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.

When the Court May Order a Name Change

The court may order the name of a child changed if: (1) the change is in the best interest of the child; and (2) for a child subject to the sexual offender registration requirements of Tex. Crim. Proc. Code Ann. art. 62.001 et seq. the change is in the interest of the public, and the person petitioning on behalf of the child provides the court with proof that the child has notified the appropriate local law enforcement authority of the proposed name change. If the child is subject to the continuing jurisdictionof a court under Tex. Fam. Code Ann. §§ 155.001 et seq., the court must send a copy of the order to the central record file as provided in Tex. Fam. Code Ann. §§ 108.001 et seq.

In addition, a child’s name may be changed as part of a proceeding to adjudicate parentage. See Tex. Fam. Code Ann. § 160.636(e). On request of a party to a suit to establish paternity, and for good cause shown, the court may order that the name of the child be changed. Id. However, because the Family Code instructs that the best interest of the child is always a factor in any suit affecting the parent-child relationship, a party to a paternity suit seeking a name change for a child also must show how the change of name would be in the child’s best interest. Thus, cases decided under Tex. Fam. Code Ann. §§ 45.001 et seq. cases may be looked to in determining a child’s best interest regarding the name change in a paternity action.

A petition for registration of a foreign adoption order also may combine a petition for a name change. See Tex. Fam. Code Ann. § 162.023(b).

The trial court’s granting of a name change for a child is reviewed for abuse of discretion.

Factors the Court Uses 

The trial court is given wide latitude in determining the best interests of a minor child. The following list of factors have been used by courts to determine the best interest of a child with respect to a name change:

1. The name that would best avoid anxiety, embarrassment, inconvenience, confusion, or disruption for the child, which may include consideration of parental misconduct and the degree of community respect or disrespect associated with the name;
2. The name that would best help the child’s associational identity within a family unit, which may include whether a change in name would positively or negatively affect the bond between the child and either parent or the parents’ families;
3. Assurances by the parent whose last name the child will bear that the parent will not change his or her last name at a later time;
4. The length of time the child has used one last name and the level of identity the child has with the last name;
5. The child’s preference, along with the age and maturity of the child; and
6. Whether either parent is motivated by concerns other than the child’s best interest, for example, an attempt to alienate the child from the other parent.

See Werthwein v. Workman, 546 S.W.3d 749 (Tex. App. Houston 1st Dist. 2018); In Interest of J.N.L., 528 S.W.3d 237, 241 (Tex. App. Houston 14th Dist. 2017).

Steps After the Name Change is Granted 

1. Go to the clerk’s office and get a Change of Name certificate or a certified copy of the court’s order as proof of the change.
2. Update your information with the Social Security Administration
3. Complete an application and apply for a new Social Security Card
4. IF child has a DL: Complete an application to replace, renew, or change your driver’s license or ID and take it to the DPS.
5. Update Birth Certificate
6. Contact the Vital Records Office in the jurisdiction for details on required documentation.
7. Update Passport
8. An applicant who has had his/her name legally changed by U.S. Court Order, and who submits the original or certified copy of the order or decree, may have a passport issued in the new name as reflected in the order or decree. Uncertified copies are not acceptable.

Why should I work with an attorney when seeking a name change?

Changing your name or your child’s name can be complicated and require many steps. Because a name is both a personal and legal identity, it’s important to ensure that the process goes smoothly and is completed correctly. Working with an attorney who is experienced in family law is perhaps the best way to do that.

Let Us Answer Your Questions During An Initial Consultation.

At Shemesh Family Law, our Dallas-Fort Worth divorce attorneys provide caring and dedicated legal representation to clients throughout the entire Dallas-Fort Worth area. We offer a 30-minute consultation for new clients. To schedule yours, just call our Dallas office at 214-432-2501. You can also reach us using our online contact form.

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