How Do I Legally Change My Child's Last Name?

You can change your child's name by going through the court name change process. To do this, you will need to follow three basic steps:

1. File a petition
2. Notify the other parent
3. Attend a court hearing

If you and your child’s other parent do not agree on the name change, the petition may not be granted. There are other reasons a judge may reject a name change petition as well. The process is not based on gender, so this same process can be used to change the name of any minor child you are a parent to.

How to change your child’s name in three steps

If you're wondering how to change a child's last name, your first step is to petition the court. It is important to complete this process legally. Otherwise, your son or daughter could have problems later when they need to get a driver's license or job. 

The name change process varies slightly from state to state. In some states, you might change their name in family court. In others, applicants must petition civil courts. Regardless of which court hears these requests in your state, you need a valid reason to request the change.

To legally change your child's last name, follow these steps:

1. File a petition with the court

The first step in a minor’s name change process is to file a petition with the court.

Each state has its own process and fee schedule, so be sure to look up the process for your state. In some states, you can obtain the petition paperwork online, while for others, you must go to your local county courthouse or family court to pick up the paperwork. To search, look online for your state and the term “petition for name change for a minor.”

Once you’ve obtained the paperwork, fill out all of the requested fields. Generally, it will ask for the following:

• Basic information about your child
• Legal name of all parents and legal guardians
• Requester’s criminal record and marital status
• The child custody status
• The new name being requested
• The reason for the name change

You may need to obtain documentation to support your claims, including proof that you are your child’s legal guardian. If your son or daughter is over a certain age, the court may require their to consent to the name change by completing and signing a separate consent form.

Then, you’ll submit it to your county clerk of court or to the family court clerk.

In addition to filing the waiver, you’ll need to pay the court filing fee. This fee ranges between $25 and $500, depending on your state. Most states charge around $150. If you cannot afford that fee, you can file a fee waiver application.

2. Notify your child’s other parent

Unless your child's other parent agrees to the name change and signs the petition, you must notify them of the request and of the court hearing.

Provide documentation to the court that you served notice of the upcoming hearing to your child's other parent. In some states, the parent requesting the name change must post a notice of the petition and hearing in an approved newspaper and give the court proof of publication.

If your child's other parent objects to your name change request, you will both have the opportunity to tell the court why you want or do not want your child's name changed.

3. Attend the court hearing

Depending on your state and the circumstances of your name change request, the court may allow you to attend an open docket court hearing, which is not scheduled in advance. If, however, your child's other parent objects to the name change request, the clerk of court will schedule a hearing and give you the date and time in advance. In some states, if all parties agree to the name change, there is no hearing at all.

At the hearing, the judge asks questions about your name change request. If the matter is not opposed and the request is in good order, a name change request hearing is a fairly straightforward matter. When there is conflict or disagreement between the child's parents, each parent provides testimony.

The judge rules on the name change petition based on the information provided to the court in advance and at the hearing. If the judge approves the name change request, you can use the provided court order to change your child’s name with the relevant agencies.

Your state's name change procedures may vary slightly from the steps described above. 

To help change your child's last name and ensure you follow all your state's procedures, you may want to hire an attorney licensed in your state who is experienced in family law. Alternatively, you may choose to work with an online service provider like LegalZoom.

Which documents should you update after a child’s name changes?

Once you’ve received court approval to change your child's name in family court, then it’s time to update your child’s name in all of the relevant databases and forms. The two most important forms to update are:

• Social Security card
• Birth certificate

Depending on the age of your child, you may also need to update:

• Driver’s license 
• Passport
• Bank accounts
• Credit or debit cards
• Online accounts
• School records
• Medical records
• TSA PreCheck and Global Entry

Valid reasons to change a child’s name

As part of changing your child’s name, you’ll need to provide a legally valid reason for the name change request. Potential reasons you might choose include:

• A change in your marital status
• Adoption
• Name preference, by either you or the child
• Establishing paternity
• Cultural or religious reasons
• To prevent bullying or teasing around the name
• Disassociation from negative family history
• Abuse or domestic violence

How much does it cost to change a child’s name?

The only cost associated with changing your child’s name is the filing fee for submitting documentation to the court. That fee depends upon which state you live in, but should range between $25 and $500, with the majority averaging around $150. The fee may be higher depending on if you're filing with your state's civil or supreme court.

If you and your child’s other parent do not agree on the name change, you may also need to hire a lawyer or go to arbitration. This process would incur additional costs. 

If you cannot afford the filing fee, all courts offer a fee waiver request. You can fill out and submit this form. If you meet the eligibility requirements, you will not have to pay the court filing fee.

FAQs

Can you change a child’s last name if their father isn’t on the birth certificate?

Yes, but you will need to notify the child's father. In most states, both parents must consent to the name change, unless their parental rights have been terminated.

If the father is notified but fails to appear or object to the name change petition, the court will likely grant the name change. Most states take into consideration the best interest of the child's health and safety, and the opinions of both parents when making this decision.

How long does it take to change my child’s last name?

The length of the name change process will depend upon your state’s specific requirements. In some states, all you must do is file paperwork and wait for a court date. Then, your process length is simply dependent on how busy the court is.

In other states, you may need to publish the name change in a local newspaper multiple times over a few weeks. This can add to the timeline. The process might also take longer if you and the child’s other parent do not agree and must get help from lawyers or arbitrators.

Can my child’s name change be contested?

Yes, the name change of your child in family court can be contested. The court will consider the opinions and best interests of the child and both parents. In some states, the minor’s grandparents may also be able to contest the name change.

Can a name change petition be rejected?

Yes. If a judge believes that the name change is not in the best interest of the child or parents, they may reject it. They may also reject the name change petition if it’s believed to interfere with the rights of another person or has been requested in order to commit fraud.