Change a Kid's Last Name
In the event of a divorce, adoption or immigration, you may want to change your child's last name. A name change is a serious, lengthy legal process that should not be done for the wrong reasons, such as to spite a divorced spouse. You must be the child's legal parent or guardian to conduct a name change on your child's behalf. Although you may be able to handle the name-change process yourself, a lawyer can help guide you through the proper legal procedures for your jurisdiction.
Instructions
1. Consult with your jurisdiction about the proper legal procedure for name changes. Find out which forms you need to file, evidence you need to present and filing fees.
2. File the appropriate forms with the presiding family court for your jurisdiction. Although the exact forms and fees will vary from jurisdiction to jurisdiction, you will typically need to include a petition for change of name, a filing fee and a copy of your child's birth certificate.
3. Inform the other parent of the name change in case he or she objects (as in the case of a divorce). If you know the address of the other parent, send a copy of the name-change petition by certified mail. If the letter is received, you will receive a green card in the mail. Present this green card to the court. If the parent's address is unknown, posting notice of the name change in the local newspaper for at least three days will typically suffice. Furnish a copy of this notice to the court.
4. Appear in court on your assigned court date. The judge will ask why you are changing your child's name. If there is any opposition to your case, the judge will also ask to hear reasons why a name change would present a problem. After hearing both sides, the judge will make a decision in your child's best interest. If your request is granted, the court will issue you a certificate for the name change.
5. Report a legal name change to the Social Security Administration (SSA) by filing out an application for a social security card. You can obtain this form in person, by calling (800) 772-1213 or online at the SSA website.
6. Change the name on your child's birth certificate. Contact the Office of Vital Records for the state in which your child was born about name-change procedures. Typically, you will have to pay about $40 for this service.
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