Dear clr-ga;
Thank you for allowing me an opportunity to answer your interesting
question. I’d be happy to assist you.
I don’t see a problem here, particularly is all parties are in favor
of the petition. What you are seeking to do a relatively minor CIVIL
ACTION that should not have to involve the Attorney General’s office
at all. In fact, the whole matter can be conducted in your local
County Court and the approval of the name change does not even have to
be published (except to a specified few "interested parties" who have
a legal right to know) in order for it to take effect.
Changing the name of a minor in Texas is covered in this Texas
statute:
TEXAS FAMILY CODE
SUBTITLE C. CHANGE OF NAME
CHAPTER 45. CHANGE OF NAME
SUBCHAPTER A. CHANGE OF NAME OF CHILD
SECTION 45.001
In it we find that the petition may be filed by anyone who is the
minor child’s parent, managing conservator, or guardian. In order for
the process to be successful, the jurisdictional court must agree
(among other things) that the name change is in the best interest of
the child and that the requested name change is consistent with the
public interest (in Texas you probably would not get approval for an
outrageous name just for the sake of doing it). The court will
entertain any objections to the name change but such objections, if
any, would have to raise concerns that the name change was not in the
best interest of the child in order to be taken into consideration.
You begin the prodecure by obtaining the appropriate forms and filling
them out correctly and in accordance with local law. The requirements
for the petition are covered under “Texas Family Code, Title 2 Child
in Relation to Family, Chapter 45 Change of Name, Subchapter A.
Change of Name of Child, § 45.002” and are as follows:
“A petition to change the name of a child must be verified and
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; and
(4) whether the child is subject to the continuing exclusive
jurisdiction of a court under Chapter 155.
(b) 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.”
US LEGAL FORMS
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-N-TX-B-TX-NAME-2
(Click on java link entitled, “LAW SUMMARY”)
You then file the forms with YOUR LOCAL COUNTY COURT – the one in
which the child permanently resides – by paying a visit to the County
Court Clerk’s Office with your filled out forms in hand. By filing the
completed documents and paying the prescribed filing fee you are
officially notifying the court of your petition to legally change the
name of the minor child and you are requesting to be heard by the
court. You may be advised of a court date at this time or you may be
notified at a later date by mail of a scheduled hearing.
At the hearing your case will be called and entered into the record at
which time the Judge will ask if there are any objections to the name
change. If there are none, the Judge will then make the determination
as to whether the name change is in the child’s best interest and may
ask you some questions. If he/she is convinced that the name change in
the best interest of the child, the alteration of the child’s change
will be so ordered and become the child’s legal name hereafter.
This site provides an excellent overview of the name change process
and tells what you should expect:
ACCESS NAME CHANGE – MINOR PROCESS
http://www.accessnamechange.com/cgi-bin/SoftCart.exe/nc/minor-process.htm?L+court+bdyw5528+1062186711
Here you will find the Texas statutes related to name change petitions
on behalf of a minor child:
“ACCESS NAME CHANGE”
SUBTITLE C. CHANGE OF NAME CHAPTER 45. CHANGE OF NAME
SUBCHAPTER A. CHANGE OF NAME OF CHILD
http://www.accessnamechange.com/cgi-bin/SoftCart.exe/nc/texas.htm?L+court+bdyw5528+1062186593
Here are some sources where you can purchase the necessary forms and
instructions or the entire name change package as required by your
local court:
US LEGAL FORMS
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-N-TX-B-TX-NAME-2
LEGAL FORMS BANK
http://www.legalformsbank.biz/DirectoryCategory.asp?CI=966&SCI=2052
LEGAL ADVICE LINE
http://www.legaladviceline.com/packagelist.asp?packagegroup=TXnames&Title=Texas%20Name%20Change
S.K.C. NETWORKS
http://www.conferencingxp.com/2find.php?keywords=legal%20name%20change
ACCESS NAME CHANGE CENTER
http://www.accessnamechange.com/cgi-bin/SoftCart.exe/nc/forms-list.htm?E+court
In addition, many counties provide the necessary forms for free and
only charge for the filing of the completed forms. Before spending a
great deal of money buying name change “kits”, I recommend you first
visit the County Clerk’s Office and inquire about obtaining the forms
from them for free. Before you visit the clerk’s office however, visit
this site and print off this form and take it will you. Ask the clerk
if this is free form I found is one of the forms you will need (I
believe it is). If so, this is a bonus head start for you. You can use
this one and it will be one less form you need to round up before
filing your petition:
INTERNET LEGAL RESOURCE GUIDE
http://www.ilrg.com/forms/namechange-minor/us/tx
There is also a possibility that if you are under a certain income
bracket you can ask to be declared indigent in which case some of the
fees you would normally be required to pay might be waived.
I hope you find that that my research exceeds your expectations. If
you have any questions about my research please post a clarification
request prior to rating the answer. I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga
INFORMATION SOURCES
Defined above
SEARCH STRATEGY
SEARCH ENGINE USED:
Google ://www.google.com
SEARCH TERMS USED:
NAME CHANGE TEXAS
NAME CHANGE MINOR STATUTES
PETITION TO CHANGE NAME TEXAS
TEXAS STATUTE NAME CHANGE
TEXAS LAW NAME CHANGE
TEXAS CIVIL NAME CHANGE
NAME CHANGE FORMS TEXAS |
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