Divorce is often a complex and emotional process. One question that sometimes arises is whether you can change your child’s last name after a divorce. This blog will provide you with an understanding of how changing your child’s last name works in Texas, especially after a divorce, along with relevant laws from the Texas Family Code. We’ll also explain how Turner-Monahan PLLC can help you with this process.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Legal Requirements for a Name Change
In Texas, changing a child’s last name after a divorce isn’t a straightforward process. It requires filing a formal petition in court. According to the Texas Family Code Section 45.004(a), the court may grant a name change if it’s in the best interest of the child.
Who Can File and Where?
Under the Texas Family Code Section 45.001, a parent, managing conservator, or guardian can file a petition requesting a change of name of the child in the county where the child resides.
Factors Considered by the Court
The court evaluates several factors to determine the best interest of the child. These include:
- The Child’s Preference: If the child is 10 years old or older, their written consent must be attached to the petition as required by Section 45.002(b).
- Relationship With Parents: The quality of the relationship between the child and each parent.
- Impact on Child’s Identity: The psychological impact of changing the child’s last name.
- Potential Confusion: If the name change could cause confusion for the child in educational or medical records.
Agreement Between Parents
If both parents agree on the name change, the process becomes easier. Both parents need to sign a consent form. However, even with consent, the court must ensure that the name change is in the child’s best interest.
Filing the Petition: Step-By-Step Guide
Step 1: Filing the Petition
The parent requesting the name change must file a petition. Section 45.002(a) outlines the requirements of the petition, which must be verified and include:
- The present name and place of residence of the child
- The reason a change of name is requested
- The full name requested for the child
- Whether the child is subject to the continuing exclusive jurisdiction of a court under Chapter 155
- Whether the child is subject to the registration requirements of Chapter 62, Code of Criminal Procedure
Step 2: Notifying the Other Parent
The other parent must be notified about the petition. According to Section 45.003(a), the following persons are entitled to citation:
- A parent of a child whose parental rights have not been terminated
- Any managing conservator of the child
- Any guardian of the child
Step 3: Attending the Court Hearing
After notifying the other parent, a hearing date will be set. During the hearing, the judge will review the petition and consider any objections raised by the other parent.
Step 4: Finalizing the Order
If the court approves the petition, an order will be issued to reflect the name change. Section 45.004(a) states that the court may order the name of a child changed if:
- The change is in the best interest of the child
- For a child subject to the registration requirements of Chapter 62, Code of Criminal Procedure:
- The change is in the interest of the public.
- The person petitioning on behalf of the child provides the court with proof that the child has notified the appropriate local law enforcement authority of the proposed name change.
How Turner-Monahan PLLC Can Help
Expertise in Family Law Matters
At Turner-Monahan PLLC, we’ve been providing family law assistance since 1973. Our attorneys have extensive experience handling family law cases, including name changes, divorce asset splits, contested divorces, and other complex family matters.
Personalized Approach
Every family situation is unique. Our attorneys, like Tyler Monahan, a partner at the firm, will listen to your needs and concerns. They will then create a custom-tailored strategy for your case, ensuring that your goals are met while keeping your child’s best interest in mind.
Free Consultation
We understand that legal processes can be overwhelming. That’s why Turner-Monahan PLLC offers a free consultation with an experienced family law attorney to discuss your case and help you understand your legal options.
Areas We Serve
We proudly serve the following areas:
- Fort Worth: The best divorce attorney in Fort Worth.
- Tarrant County: The best divorce attorney in Tarrant County.
- Cleburne: Cleburne family law attorney.
- Dallas/Fort Worth Metroplex (DFW): DFW divorce attorney.
- And surrounding regions.
Discuss Your Case With Turner Monahan, PLLC: Your Advocates in Difficult Times
Changing your child’s last name after a divorce is a significant decision. The Texas Family Code provides a clear framework, but the process can still be challenging, especially if parents don’t agree. It’s essential to have the right legal guidance to navigate this process smoothly.
Turner-Monahan PLLC has a team of experienced family law attorneys ready to help. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
