We wish to change our 11-year-old son's name. Is my son’s consent required?

Full question:

I live with my wife and 11-year-old son in Texas. We want to change our son’s name. Is my son’s consent required to change his name?

Answer:

In Texas, if the child has attained 10 years of age or above, his written consent to the change of name must be attached to the petition. Requirements of a petition to change the name of a child are envisaged in Tex. Fam. Code § 45.002 which reads as:

***
(b) 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.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If a child expresses a desire not to live with a parent, the court will consider the child's wishes, especially if they are 12 years or older. However, the final decision will depend on what the court believes is in the child's best interest, taking into account various factors, including the child's emotional and physical well-being.