Legal Name Changes: The process for adults and children outside of a standard divorce decree.

As an experienced family law attorney and the founder of Lundberg Law here in Midlothian, I speak with many clients who want to change their legal name or their child’s name. Often, a name change is easily handled as part of a final divorce decree or a marriage license. But what happens when you need to change a name completely independently of those life events?

Whether you are looking to align your legal name with your identity, revert to a family name, or change your child’s last name to reflect a blended family, the state of Texas has specific statutory procedures you must follow. It requires formal paperwork, a court order, and strict compliance with the Texas Family Code.

If you are navigating this process in Ellis County or the surrounding areas, here is a comprehensive guide to what you can expect when pursuing a legal name change for an adult or a minor outside of a standard divorce.

Adult Name Changes in Texas: What You Need to Know

In Texas, an adult has the right to change their name as long as the request is not being made to defraud creditors, evade criminal liability, or sidestep legal judgments. However, the process is heavily vetted to ensure the state knows exactly who is requesting the change.

The Petition and Legal Requirements

To begin, you must file an Original Petition for Change of Name in the district court of the county where you currently live. This document must be verified—meaning it is signed under oath in front of a notary—and it must include specific personal details such as your current legal name, your requested name, the reason for the change, and a comprehensive list of identifying numbers (like your driver’s license and Social Security number).

Fingerprints and Criminal History

A unique aspect of Texas law is how it handles public notice and criminal records. While some states require you to publish your name change in a local newspaper, Texas does not. Instead, the state relies on a strict criminal background check.

Under Texas Family Code Section 45.102, your petition must include a legible and complete set of your fingerprints submitted on a card format approved by the Texas Department of Public Safety (DPS) and the FBI. Additionally, you must make a sworn statement regarding your criminal history.

If you have a felony conviction, you are generally required to wait at least two years from the date you received a pardon or completed your sentence/probation before you can legally change your name.

Finalizing the Order

Once your petition is filed and your background check clears, a judge will review your case. If the judge agrees that the change is in your interest and the public’s interest, they will sign an Order Granting Change of Name. You will then use certified copies of this court order to update your driver’s license, Social Security card, passport, and bank accounts. For excellent self-help resources, you can always visit the Texas State Law Library.

Changing a Child’s Name Outside of Divorce

Changing a minor’s name involves a slightly more complex process. Because children cannot legally advocate for themselves, the courts impose extra layers of protection to ensure the change is truly beneficial to the child.

The “Best Interest” Standard

Unlike an adult name change, a child’s name change requires the judge to explicitly find that the requested change is in the “best interest of the child”. A judge will evaluate a variety of factors, which may include how long the child has used their current name, the child’s preference, and how the new name will impact the child’s relationship with both parents.

Parental Consent and Notification

When both parents agree to the name change, the process is relatively smooth. We can file an Agreed or Joint Petition that both parents sign and notarize.

However, if the other parent does not agree—or is not involved in the child’s life—you cannot simply change the child’s name in secret. Under Texas Family Code Section 45.003, any parent whose parental rights have not been terminated must be served with formal legal notice (a citation) of the lawsuit. They have the right to appear in court and contest the name change. If you cannot locate the other parent, there are alternative methods of service we can utilize, but the court strictly enforces the requirement that they are given an opportunity to respond.

For detailed forms and instructions on agreed name changes for minors, Texas Law Help provides a very helpful and comprehensive toolkit.

The Child’s Consent

Texas law also respects the voice of older children. If your child is 10 years of age or older, they must provide their written consent to the name change. This written consent must be attached to the petition when it is filed with the court.

Why Work with an Attorney?

While changing a name might sound like a simple administrative task, a single mistake on your petition, a missed filing requirement, or failing to properly serve the other parent in a minor’s name change case can result in your petition being dismissed.

Having an experienced family law attorney handle your case ensures that all Texas Family Code requirements are strictly met, your fingerprinting and background checks are processed correctly, and your court hearing proceeds without frustrating delays.

If you are considering a legal name change for yourself or your child, you do not have to navigate the courthouse alone. We at Lundberg Law proudly support individuals and families throughout Midlothian, Ellis County, and the surrounding communities with efficient, professional legal representation. Click here to schedule a free consultation or call 972-775-3500 now to speak with our team.