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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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My 10 year old Grandson wants to change s name from s

Customer Question

My 10 year old Grandson wants to change his name from his Father's name to his Mother's maiden name. Is this possibly and if so what is the procedure?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

Yes, it is certainly possible. It's almost guaranteed if the father is willing to consent, but a court can still grant a name change even without the permission of the father. But even then, it's not necessarily an "easy" process.

A parent may petition (file a lawsuit) to change his or her child’s name. The parent must make the other parent a party to the lawsuit unless the other parent’s parental rights have been terminated or the parent is deceased. The petition doesn’t require all of the attachments as described for adult name changes above, but it does require the appointment of a guardian ad litem (“GAL”). The GAL must be appointed even if both parents agree to the name change. Also, a hearing is always required in a child name change case, and the GAL will report the findings of his or her investigation at this hearing. While many people are more familiar with a GAL’s role in custody cases, this is one of the unique areas where a GAL is used outside of a contested custody and visitation setting.

Before granting a child’s name change, the family court judge must determine whether the name change is in the “best interest of the child.” When determining what is in the child’s best interest, the judge will consider the following factors:

  1. The length of time that the child has used the present surname;
  2. The effect of the change on the preservation and development of the child’s relationship with each parent;
  3. The identification of the child as part of a family unit;
  4. The wishes of the parents;
  5. The stated reason for the proposed change
  6. The motive of the parents and the possibility that the use of a different name will cause insecurity or a lack of identity;
  7. The difficulty, harassment, or embarrassment that the child may experience when the child bears a surname different from the custodial parent;
  8. The preference of the child if the child is of an age and maturity to express a meaningful preference; and
  9. The degree of community respect associated with the present and proposed surname.

Most guardians charge an hourly rate in the range of $150 to $175 per hour. If the name change isn’t contested by another person (such as father contesting a child’s name change), then the total time spent by the guardian will likely be 2 to 3 hours for interviews and time in court.

You can find the packet with the forms and the specific procedure to be followed here: http://www.uslegalforms.com/sc/SC-NAME-2.htm

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 12 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 12 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 12 months ago.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

Expert:  ScottyMacEsq replied 12 months ago.

Hello?

Expert:  ScottyMacEsq replied 11 months ago.

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!