Instructions and Forms for Child Name Change: Nonparent Conservator Will File; Parents, Other Conservators, or Legal Guardians Will Be Served

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:

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

Fill out the following starting forms:

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

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.

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 eFile 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.

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:

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.

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.

  • 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.

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

  • 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.

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.

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 requested and 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.

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.

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:

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

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