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Texas

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Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
11/30/2017
Lawyer: Ray, Lawyer replied 4 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,363
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 4 months ago

You do not need a lawyer to file a petition for adult name change.It is something simple that you can file and go to short hearing yourself here in Texas.

Here are forms and self help to file.Once you file here this is set for a short hearing, you explain to judge why you need name change and he will grant it.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Good luck with name change.

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Lawyer: Ray, Lawyer replied 4 months ago

The first step in obtaining a name change is to file an Original Petition for Change

of Name. A sample form for the Petition is attached to the end of this pamphlet. The

Petition must be filed with the district clerk of the county where the person requesting

the name change, known as the Petitioner, resides. The clerk will then assign the case to

a specific court.

According to Texas law, the Petition must be verified, meaning that the Petitioner

must sign the Petition in the presence of a notary and swear that all of the information

it contains is true. The Petition to change the name of an adult must also contain the

following information:

(1) the current name and place of residence of the petitioner;

(2) the petitioner’s sex, race, date of birth and social security number;

(3) the full new name requested for the petitioner;

(4) the reason the change in name is requested;

(5) whether the petitioner has been the subject of a final felony conviction; and

(6) whether the petitioner is subject to register as a sex offender under the

requirements of Chapter 62, Code of Criminal Procedure;

(7) driver’s license number for any driver’s license issued in the 10 years preced-

ing the date of the petition;

2

(8) assigned FBI number, state identification number, if known, or any other

reference number in a criminal history record system that identifies the petitioner or a reasonable explanation of why this information is not included;

(9) any offense above the grade of Class C misdemeanor for which the petitioner

has been charged or, if none exists, a statement that the petitioner has

never been charged;

(10) the case number ***** the court if a warrant was issued or a charging instrument was filed or presented for an offense listed in (9) above;

(11) a legible and complete set of the petitioner’s fingerprints on a fingerprint

card format acceptable to the Department of Public Safety and the Federal

Bureau of Investigation.

If you are requesting the name change of a child, Texas law requires that the

Petition requesting the name change be served by a constable or process server on each

parent of the child that has not had their parental rights terminated or any managing

conservator or guardian of the child. Additionally, a Petition for the Change of Name

of a Child requires different information than a Petition for an adult’s name change.

The petition requesting the child’s name change requires the following information:

(1) the present name and place of residence of the child;

(2) the reason a change of name is requested;

(3) the full name requested for the child;

(4) whether there has been a previous court order regarding the child and

which court has continuing exclusive jurisdiction under Chapter 155 of

the Texas Family Code;

(5) whether the child is required to register as a sex offender under the requirements of Chapter 62, Code of Criminal Procedure; and

(6) If the child is 10 years of age or older, the child’s written consent to the

change of name must be attached to the petition.

B. Preparing and Entering an Order for Change of Name

After the Petition has been filed and properly served, if service is necessary, the

Petitioner will have to schedule a time with the court’s coordinator to appear before

the judge and have an Order signed by the judge. Individual courts have differing

policies on scheduling, so it is important to contact the coordinator of the court

where the case is assigned to determine when to appear in front of the judge.

3

Like the Petition, the Order for Change of Name that the judge will sign must

contain certain information. The Order must not only contain the same information

that is included in the Petition, but must also state that the name change is in the

interest or to the benefit of the Petitioner and is in the interest of the public. A sample

Order for Change of Name is ***** ***** the end of this pamphlet. When the

Petitioner presents the order to the court, he or she must also testify in open court as

to each of the things listed in the order.

The court must grant the name change if the Petitioner can show the court that he

or she has not had a final felony conviction, is not required to register as a sex offender

and that the change is in the interest or to the benefit of the Petitioner and in the

interest of the public. Usually only sworn testimony of the Petitioner in open court

is required for the court to make these findings. The Petitioner must also testify that the

name change is not being requested for the purpose of evading creditors or liability.

If a Petitioner does have a final felony conviction, the court, at the judge’s discretion, may order the name change if the Petitioner has been pardoned, received a

certificate of discharge by the pardons and paroles division of the Texas Department

of Criminal Justice or has completed a period of probation ordered by a court and not

less than two years have passed from the date of the receipt of discharge or completion

of probation

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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