Can I Change My Kid’s Last Name After Divorce in Texas?

Divorce brings up many issues for families, and one question that often emerges is whether you can change your child’s last name. Nationwide, more than half of all divorces involve children under 18, which means many parents face this decision. While changing a child’s last name after divorce in Texas is possible, the process is not as straightforward as you might think.

Legal Requirements Under the Texas Family Code

Texas Family Code Chapter 45 covers the rules for changing a child’s name. While adults can simply request a name change during divorce proceedings, changing a child’s name requires you to meet a higher standard. The court must find that the name change serves the child’s best interest. 

You cannot change your child’s name just because you prefer it. The law requires you to show the court why the change benefits your child. This protection exists because children have their own identity tied to their name, and both parents typically have rights regarding their child’s legal name.

You have two options if you want to change your child’s last name after a divorce. You can include the request in your divorce decree if the divorce is still pending. You can also file a separate suit affecting the parent-child relationship (SAPCR) after the divorce becomes final. Both approaches require court approval.

The Legal Process: Step-by-Step Guide to Changing Your Child’s Name

If you wish to change your child’s name after a divorce, here are the steps you must follow.

Filing the Petition for Name Change

The first step involves filing a Petition to Change the Name of a Child with the district clerk’s office in the county where your child lives. This petition explains why you want to change the name and includes information about any existing court orders related to your child.

You will need to pay a filing fee, which varies by county but typically ranges from $150 to $300. If you cannot afford the fee, you can file a Statement of Inability to Afford Payment of Court Costs to ask the court to waive it.

Your petition must include your child’s current name, the proposed new name, and the reasons you believe the change serves your child’s best interest. If your child is age 10 or older, Texas law requires you to get their written consent to the name change.

Serving Notice to the Other Parent

Texas law requires you to give the other parent legal notice of the name change request (even if the other parent is not listed on the birth certificate). You cannot make this decision alone, unless the other parent’s parental rights have been terminated by court order or the other parent has passed away.

If the other parent agrees to the name change, you can file the petition together. This makes the process simpler and faster, as courts are more likely to approve the change when both parents support it.

If the other parent does not agree, you must have them served with legal notice by a constable, sheriff, or private process server. They will have the opportunity to object to the name change in court. Courts generally hesitate to change a child’s last name unless both parents agree, so it becomes more difficult if one parent objects.

Court Hearing and Judge’s Decision

After you file the petition and serve the other parent, the court will schedule a hearing. You must appear before a judge who will consider whether the name change serves your child’s best interest. This hearing gives both parents a chance to explain their position.

The process may involve two hearings if the other parent contests the change. During these hearings, the judge will ask questions about why you want the change and how it will affect your child. You should be ready to explain your reasons clearly and show evidence that supports your request.

If the judge approves the name change, they will issue a court order. The Texas Bureau of Vital Statistics will then update your child’s birth certificate to reflect the new name. If the judge denies the request, your child’s name will remain unchanged.

Factors Texas Courts Consider When Deciding Name Change Requests

Texas courts look at several factors when deciding whether to approve a child’s name change, including:

• Length of time with current name: The court will think about how long your child has used their current name. A toddler may find a change easier than a teenager who has built their identity around their current name.
• Relationship with both parents: The judge will consider your child’s relationship with each parent. If your child has a close bond with the parent whose name they currently carry, removing that name could harm their emotional well-being. Courts want to preserve connections between children and both parents when possible.
• Reason for the requested change: You must explain why you want to change your child’s name. Common reasons include avoiding confusion when a parent remarries, matching siblings’ last names, or addressing safety concerns.
• Child’s preference: If your child is old enough to express an opinion, the judge will consider their wishes. Children age 10 and older must give written consent to a name change. Even younger children’s feelings may matter to the court.
• Potential confusion: Courts think about whether the name change will create confusion at school, with doctors, or in other areas of your child’s life.

Contact Balekian Hayes, PLLC, for Legal Assistance

Changing a child’s last name after divorce involves numerous legal and emotional considerations. The process becomes even more challenging when parents disagree about the change. If you are considering changing your child’s last name after divorce, consulting an experienced family law attorney can help you understand your options. An attorney can explain whether your situation meets the best interest standard, help you prepare a strong petition, and represent you at the court hearing.

At Balekian Hayes, PLLC, we understand the sensitive nature of family law matters, including name changes for children after divorce. Our divorce attorneys can guide you through the legal process and help you present your case to the court. To learn more about changing your child’s last name after divorce in Texas or to schedule a consultation, contact Balekian Hayes, PLLC, today.