ADULT NAME CHANGE IN TEXAS

If you are an adult and are seeking a legal name change, contact a divorce or family law attorney. An adult may file a petition requesting a change of name in the county of the adult’s place of residence.

WHAT ARE THE REQUIREMENTS TO GET A NAME CHANGE?

A petition to change the name of an adult must be verified and include:

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

(2) the full name requested for the petitioner;

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

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

(5) whether the petitioner is subject to the registration requirements of Chapter 62, Code of Criminal Procedure; and

(6) 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.

The petition must include each of the following or a reasonable explanation why the required information is not included:

(1) the petitioner’s:

(A) full name;

(B) sex;

(C) race;

(D) date of birth;

(E) driver’s license number for any driver’s license issued in the 10 years preceding the date of the petition;

(F) social security number; and

(G) assigned FBI number, state identification number, if known, or any other reference number in a criminal history record system that identifies the petitioner;

(2) any offense above the grade of Class C misdemeanor for which the petitioner has been charged; and

(3) the case number and the court if a warrant was issued or a charging instrument was filed or presented for an offense.

WHAT DO THE COURT’S SAY ABOUT NAME CHANGES?

In a Houston Court, a trial court properly granted a name change under this statute but denied a gender change for an individual.

In re Jones, the Court ruled that an order denying petitioner’s name change was upheld since he failed to disclose his reckless driving conviction in his verified petition and instead mentioned it in the unverified proposed order.

In re Barnes, the court of appeals upheld the denial of a name-change petition filed by an inmate because the petition failed to disclose the inmate’s felony conviction.

In another case, a trial court properly denied a petitioner’s request for a name change in a divorce because she failed to provide any evidence in support of the name change, did not request a name change at trial, and did not conform with the statutory requirements.

A trial court also properly denied a request for name change when petitioner failed to provide evidence that the requested name was his previous name.

WILL THE COURT ORDER THE NAME CHANGE?

The court shall order a change of name  for a person other than a person with a final felony conviction or a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if the change is in the interest or to the benefit of the petitioner and in the interest of the public.

A court may order a change of name  for a person with a final felony conviction if:

(1)  in addition to the requirements of the family code (a), the person has:

(A) (1) received a certificate of discharge by the Texas Department of Criminal Justice or completed a period of community supervision or juvenile probation ordered by a court and not less than two years have passed from the date of the receipt of discharge or completion of community supervision or juvenile probation; or

(B) (2) been pardoned; or (2) the person is requesting to change the person’s name to the primary name used in the person’s criminal history record information.

A court may order a change of name  for a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if the person: (1) meets , in addition to the requirements of Subsection (a) or is requesting to change the person’s name to the primary name used in the person’s criminal history record information; and (2) , the person provides the court with proof that the person has notified the appropriate local law enforcement authority of the proposed name change.

In any legal proceeding involving a Court’s order,  contact the Barbosa Law Firm, P. C. or any  divorce or family law attorney for filing the petition and properly presenting the Order to the court to avoid any delays or denials.