Name Change Of A Minor In A Proceeding That Is Not Part Of Or An Adoption Or A Divorce

Transcription

1 Name Change Of A Minor In A Proceeding That Is Not Part Of Or An Adoption Or A Divorce 1. A parent, managing conservator or guardian of a child may request a change of name. The petition is filed in the county where the child resides. The practitioner should be aware that a change of name does not affect liabilities and rights of a child. Section of the Texas Family Code states that a change of name does not release a child from any liability incurred in the child' previous name or defeat any right the child had in the child's previous name. 2. The change of a minor's name is often involved in those situations where there has not been a smooth divorce process. It should be remembered that the birth name is of significant value to all parents, and of particular emotional importance to some. Care must be given to proper citation and opportunity for inclusion of the non-sponsoring parent in a name change. If the proceeding is contested, the best plan may be to re-consider the necessity of proceeding at the particular time or circumstances. 3. After the hearing, you should complete the bureau of vital statistics (BVS) form to change the minor s name, pay the fee and request the clerk of the court to send the form along with the order granting the name change to the BVS in Austin. Form: Name Change Of A Minor In A Proceeding That Is Not Part Of Or An Adoption Or A Divorce.

2 IN THE INTEREST OF [Child Name], A Minor NO: [Cause Number] IN THE DISTRICT COURT [District #] JUDICIAL DISTRICT [COUNTY OF SUIT] COUNTY, TEXAS ORIGINAL PETITION FOR A NAME CHANGE OF A MINOR IN A PROCEEDING THAT IS NOT PART OF OR AN ADOPTION OR A DIVORCE [Petitioner Name] files this original petition for a change of a Minor Name and in support of this petition, states as follows: 1. Discovery Control Plan 1.1 Pursuant to Rule 190 of the Texas Rules of Civil Procedure, Plaintiff selects Discovery Control Level 2 for discovery that may be conducted in this lawsuit. 2. Petitioner 2.1 This suit is brought by [Petitioner s Name] who is the [parent/guardian/ Managing Conservator/step parent etc] of [Child s Name]. 2.2 Petitioner is a minor and pursuant to Sections and of the Texas Family Code petitioner states the following information about the minor: a. The minor is a resident of [county, state] and this suit is brought in the county of Petitioner's residence. b. The minor's social security number and driver's license numbers are [Numbers] c. The minor is a [male or female]. d. The minor was born as follows: [date and place of birth]. e. The minor [is or is not] subject to the continuing jurisdiction of any court.] f. No property of consequence is owned or possessed by the child the subject of this suit.

3 g. The reason for the requested change is [reason]. h. [If the minor is 10 years or older, then state: The minor's written consent to the change of name is attached to this petition.] i. The minor [is/is not] subject to the continuing jurisdiction of a court under Chapter 155 of the Texas Family Code. j. Citation should be issued to: [Parent Name/ Person who is entitled to be served by citation by publication], [if applicable], whose rights have not been terminated. [Managing Conservator Name][If not sponsoring parent] [Guardian of the Child] OR [Citation by publication or other substituted service is necessary on [Person who is entitled to be served by citation by publication] for the reasons stated in the affidavit attached as Exhibit A.] 3. Requested Name Change 3.1 Petitioner requests this court to grant a change of the Minor Name from [state the current full legal name] to [state the desired new full legal name, first, middle, and last name. For example: The child has a close relationship with his stepfather, NAME. The child s sister and both parents carry the name NAME. The name change to NAME would best avoid embarrassment and inconvenience for the child, and it would be less confusing for the child to have the same name as his mother, sister, and step-father and the changed name will also help identify the child as part of the family unit.]

4 3.2 [Child s Name] is not subject to the registration requirements of chapter 62 of the Texas Code of Criminal Procedure. Prayer Petitioner prays that any citation or notice be issued as required by law. Petitioner prays that the court grant this request for a change of name. Petitioner prays for general relief. [Respectfully Submitted, [Law Firm Name] By [Attorney s Name] [Attorney for Client Role] [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]

5 AFFIDAVIT BEFORE ME, the undersigned authority, on this date personally appeared [Petitioner Name] known to me, who being by me first duly sworn upon oath to tell the truth and stated and swore under oath that the facts stated in the above original petition for a change of name are true and correct and that he or she is the Petitioner in the above entitled and numbered cause, and that he or she is fully competent to make this affidavit. 1. My name is [Petitioner s Name]. 2. I am competent to make this affidavit. 3. The facts stated in this affidavit are within my personal knowledge and are true and correct. 4. I am the Petitioner in this case. 5. ADD THIS IF YOU CANNOT SERVE THE OPPOSING PARTY AND NEED TO OBTAIN SERVICE BY PUBLICATION- THIS IS THE EXIBIT A FOR SERVICE. I last saw [Person who is entitled to be served by citation by publication] on [Date]. He has not contacted me nor our son/daughter for [length of time i.e. over a year]. a. The current residence of [Person who is entitled to be served by citation by publication] is unknown to me. His/Her last known residence was [Address]. CONTINUE WITH ADDITIONAL FACTS SUCH AS He vacated the premises and had his mail forwarded to my parents home and his telephone number disconnected about a year ago. He was not employed at that time. The Attorney General s Office has attempted to locate HIM/HER regarding unpaid child support to no avail and has informed me that they have exhausted their resources trying to find him/her. END OF EXAMPLE] b. I have exercised due diligence to locate the whereabouts of this party and have been unable to do so. [Petitioner Name] State of Texas County of SIGNED under oath and Subscribed and sworn to before me on by [Petitioner Name]. Notary Public, State of Texas Notary's typed or printed name My commission expires: [or Notary's Stamp]

6 STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE RESOLUTION METHODS INCLUDING MEDIATION. WHILE I RECOGNIZE THAT ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH TO RESOLVE, BEFORE FINAL TRIAL, CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION. [Client Signature]

7 NOTICE OF NAME AND CURRENT ADDRESS This notice is provided in accordance with Section of the Texas Civil Practice and Remedies Code. The initial information is: Name: [Petitioner Name] Role: Petitioner Current Address (business or residential): [Address] Corrected Address (business or residential): [New Address] This notice is provided upon initial filings of pleadings or within seven days of a request by the Clerk of the Court. Respectfully Submitted, [Law Firm Name] By [Attorney s Name] [Attorney for Client Role] [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]

8 Consent for a name change for a minor in a proceeding that is not part of an adoption 1. A child over the age of ten has the right to consent to a change of name. The age was reduced to ten following the acts of the 1999 legislature. Form: Consent for a name change for a minor in a proceeding that is not part of an adoption NO: [Cause Number] IN THE INTEREST OF [Minor Name], A Minor IN THE DISTRICT COURT [District #] JUDICIAL DISTRICT [COUNTY OF SUIT] COUNTY, TEXAS CONSENT My name is [Minor Name] and I am over the age of 10 years. I hereby consent to the change of my name from [Minor Name] to [New Name]. [Minor Name]

9 AFFIDAVIT BEFORE ME, the undersigned authority, on this date personally appeared [Minor Name] known to me, who being by me first duly sworn upon oath to tell the truth and stated and swore under oath that the facts stated above in the original petition for a change of name are true and correct. and that [Minor Name] is fully competent to make this affidavit. State of Texas County of [Minor Name] Subscribed and sworn to before me by on. Notary Public, State of Texas Notary's typed or printed name My commission expires: [or Notary's Stamp]

10 Form: Court Order or Decree for a name change for a minor in a proceeding that is not part of an adoption IN THE INTEREST OF [Minor Name], A Minor NO: [Cause Number] IN THE DISTRICT COURT [District #] JUDICIAL DISTRICT [COUNTY OF SUIT] COUNTY, TEXAS Minor Name. ready. DECREE FOR A CHANGE OF NAME FOR A MINOR On [Date of Hearing], the hearing was held on [Petitioner s Name] petition for a change of a Petitioner and the minor appeared in person and by and through attorney and announced Respondent, [SELECT THE CORRECT OPTION: appeared in person or although duly cited and served according to law, failed to appear and wholly made default] [IF CITATION BY PUBLICATION WAS USED THEN STATE: [Person who is entitled to be served by citation by publication], was cited by publication by the clerk of this Court, but did not answer or appear and wholly made default. [IF CITATION BY PUBLICATION WAS USED AND AN ATTORNEY ADLITEM OR GUARDIAN AD LITEM WAS APPOINTED INSERT THE FOLLOWING: Also appearing was [ATTORNEY S NAME], appointed by the Court as attorney ad litem for [Person who is entitled to be served by citation by publication].

11 The Court, after examining the record and hearing the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties and that no other court has continuing, exclusive jurisdiction of this case and all persons entitled to citation were properly cited. A jury was waived, and all questions of fact and of law were submitted to the Court. The making of a record of testimony was waived by the parties with the consent of the Court and the court finds the following: Petitioner is the parent of [Minor Name], Name. [Minor Name] was a resident of [County] at the time of filing the Petition for Change of [Minor Name] was born as follows: [date and place of birth]. [Minor Name]'s Social Security number is [Social Security Number]. The reason for petitioner's requested name change is: [state the specific reasons for the desired name change.] of name. Name]. The change of name requested is in the best interest of [Minor Name]. [Add if the minor is 10 years or older] [Minor Name] has consented in writing to the change IT IS ORDERED that [Minor Name]'s name is changed from [Minor Name] to [Minor New IT IS FURTHER ORDERED that the Bureau of Vital Statistics, or such agency that handles birth certificates for the State of Texas, shall amend the birth record of the child formerly known as [Minor s Old Name], by deleting the name [Minor s Old Name] from the birth record and changing the child s name to [Minor s New Name].

12 IT IS ORDERED that all relief requested in this case and not expressly granted is denied. Signed on. JUDGE PRESIDING APPROVED AS TO FORM: [Law Firm Name] By [Attorney s Name] [Attorney for Client Role] [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]

13 Form: Certificate of Name Change [County Name] [County Address] CERTIFICATE OF NAME CHANGE This certificate is to confirm that on [Date of Name Change] the name of [Former Name Person] was changed to [New Name] before the [Court Designation] in [Case Number], styled "In the Interest of [Former Name.]" Name of person before change: [Former Name] Name after change: [New Name] Date of Change: [Date of Name Change] Social Security Number: [Social Security Number] Driver's License Number: [Driver's License Number] Court Name: [Court Designation] The fee for change of name has been paid. District Clerk [Suit County] County, Texas By: Deputy Date of Certificate: [Seal]

14 CHANGING THE BIRTH CERTIFICATE: You can request the clerk to process the change of name on the birth certificate at the time of the hearing or do so later by mailing a request to the Texas Vital Statistics Unit. The form entitled Application for amended birth certificate based on a court ordered name change. You can obtain a pdf version and check the latest form at the Texas BVS website: You can also call or contact the BVS as follows Texas Department of State Health Services, 1100 West 49th Street, Austin, Texas see their website If you send the request by mail you can use the following letter: Vital Statistics Unit P. O. Box Austin, Texas Regarding Cause No. [case number], In the Interest of [Child s Name], A Child, in the [Court number i.e. 125 th ] Judicial District Court of [County name], Texas Dear Sirs: Enclosed is the Application for Amended Birth Certificate Based on a Court Ordered Name Change. I have also enclosed a certified copy of the court order which has been signed by the Court, along with a check in the amount of $37.00 for the filing fee [call and make sure that is the current fee]. Please send the new birth certificate to me at the above address. Thank you.

15 APPLICATION FOR AMENDED BIRTH CERTIFICATE BASED ON A COURT ORDERED NAME CHANGE This form may be used to file a legal name change amendment if submitted with a certified copy of a court ordered name change or with court information contained in the Court of Continuing Jurisdiction database. This form may NOT be used to ADD the father s information if the father s information has been left blank on the original birth certificate. BUDGET ZZ This form may NOT be used to REMOVE the father s information contained on the original birth certificate. The fee to file a legal name change amendment is $ The additional fee of $22.00 is needed to issue one certified copy of the amended birth certificate. The total fee of $37.00 is needed if one copy of the birth certificate is requested after the change is completed. Mail fee and documents to: Vital Statistics Unit P.O. Box Austin, Texas Toll free telephone number: (888) REQUIRED INFORMATION 1. Applicant s Name: 2. Mailing Address: 3. City: State: Zip Code: 4. Telephone Number: (8:00 am through 5:00 pm) 5. New Name of Registrant: 6. Name of Registrant Before Change: 7. Date of Birth: Place of Birth: (City) (County) 8. Full Name of Father: 9. Full Maiden Name of Mother:

16 WARNING: THE PENALTY FOR KNOWINGLY MAKING A FALSE STATEMENT CAN BE 2-10 YEARS IN PRISON AND A FINE OF UP TO $10,000. (HEALTH AND SAFETY CODE, CHAPTER 678, SEC ) INFORMATION IN CCJ DATABASE (COURT INFORMATION) CAUSE NUMBER: COURT: DATE GRANTED: COUNTY: STATE: INFORMATION MATCH FOUND: YES NO VS a Revised 12/2005

17 Use the following form to order a copy of a birth certificate:

18 Cert # For faster service at no extra charge, order online at OFFICE USE ONLY OFFICE USE ONLY Remit No. DOCUMENT CONTROL # By MAIL APPLICATION FOR BIRTH OR DEATH RECORD By PLEASE PRINT. INCLUDE A PHOTOCOPY OF YOUR VALID PHOTO ID WHEN SENDING THE REQUEST. Birth Certificates Death Certificates Type Cost X # of copies= Total Type Cost X # of copies= Total Certified Copy $22 Certified Copy (1 copy) $20 Heirloom-Flag $60 Additional copies $3 Heirloom-Bassinet $60 tal Total Make check or money order payable to: DSHS All funds are deposited directly to the Texas Comptroller of Public Accounts. Refunds available only on written request. 1. Full Name of Person on Record 2. Date of Birth or Death 4. Place of Birth or Death 5. Full Name of Father 6. Full Maiden Name of Mother First Name Middle Name Last Name Month Day Year 3. Sex City or Town County State First Name Middle Name Last Name First Name Middle Name Maiden Name ZZ 7. YOUR NAME 8. TELEPHONE # ( ) - (MON-FRI 8:00-5:00) ADDRESS 9. MAILING ADDRESS: STREET ADDRESS CITY STATE ZIP 10. RELATIONSHIP TO PERSON NAMED IN ITEM 1: 11. PURPOSE FOR OBTAINING THIS RECORD: 12. WILL THIS RECORD BE USED TO OBTAIN A PASSPORT, FOR IMMIGRATION OR FOR THE INDIAN REGISTRY? YES NO 13. ADDITIONAL INFORMATION FOR DEATH CERTIFICATE: BIRTHDATE BIRTH PLACE I authorize mailing to the address below instead of my mailing address. I have verified that the address below will receive my order. NAME STREET ADDRESS

19 CITY STATE For any search of the files where a record is not found, the searching fee is not refundable or transferable. ZIP Your Signature Date of Application MAIL THIS APPLICATION, PAYMENT AND A PHOTOCOPY OF YOUR VALID PHOTO ID TO: Texas Vital Records Department of State Health Services P.O. Box Austin, TX APPLICATIONS WITHOUT PHOTO ID WILL NOT BE PROCESSED.