Petitioning for Name Change – Adults and Minors – Name change petitions happen all the time, and it’s fair to assume most are reasonable requests. What that means is the name change is being made with the best interests of the petitioner in mind. As a result, most pass through the courts without issue, and you often never hear about them.
Then there are the ones you do here about. Like former NFL receiver Chad Johnson, who changed his name to Ocho Cinco. There was also the guy in New York this past December who legally changed his name to Darth Vader, and a Bears fan who, in 2007, changed his name to Peyton Manning after losing a bet.
I do have a point to that last paragraph. Wild petitions like the ones above are endless because unless there is some wrongful, fraudulent, or capricious purpose for an adult name change request, courts will grant it.
With that being said, there are certain steps to follow in order to successfully change your birth name, and the court system does not take it lightly. There are strict rules in place to look out for the best interest of a child, and if you are an adult with a criminal record, changing your name to avoid the law won’t happen.
Here are the basic name change procedures.
Name change for a child
The only persons who can file a petition to change a child’s name are the parent, a managing conservator or a legal guardian. Most of the time, the reason for a change is to keep the child’s name and the custodial parent’s name the same.
The petition must be filed within the county where the child lives and must include the following:
1. Name and address of the child.
2. Where the child is subject to sex offender registration requirements.
3. The reason for the name change.
4. The new full name requested for the child.
5. Whether the child is subject to the continuing, exclusive jurisdiction of a court.
6. The child’s consent (if at least 10 years of age).
7. Whether or not there is an objection to the assignment of an associate judge.
8. Verification
A court’s decision to grant a child’s name change is discretionary. The court will review as many factors as possible to ensure the request is in the best interest of the child, including which name would be easier or more convenient for the child, which name would help identify the child as a part of the family unit, the age and maturity of the child, and any possible parental misconduct.
Name change for an adult
Any adult can file a petition to change their name. The petition must still be filed in the county where the adult resides, and the list of required information included in the petition is more detailed.
The petition must include:
1. Name, address and personal information of the adult (including any felony convictions).
2. Sex offender registration, if any.
3. Reason for the name change.
4. The new full name requested by the petitioner.
5. A legible and complete set of fingerprints.
6. Whether or not there is an objection to the assignment of an associate judge.
7. Verification.
Though there have been some wild name changes over the years, a court’s decision to grant an adult’s name change is discretionary. Generally, a person is allowed to live by whatever name they choose, so long as there is no wrongful, fraudulent, or capricious purpose for the change.
This blog was meant to provide a general overview. If you have any further questions on this topic, please contact a team member at Nelson Law Group, PC.
Thanks for reading.
