Instructions and Forms for Child Name Change: Nonparent Conservator, Parents, Other Conservator, or Legal Guardian Agree to File Together (Set E)
| 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
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.
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.
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:
- 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.
- Pay the filing fee or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the fee.
- 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.)
- The clerk will “file-stamp” your copies with the date and time. The clerk will keep the originals and give you back your copies.
- 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.
- 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 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).
- Sit down 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 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 .
- 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.
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.
- File the completed Information on Suit Affecting the Family Relationship form.
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.
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.