Name Changes for Minor Children

Just like adults, minor children can petition to change their name through their parent(s) or legal guardian(s). However, cases for minor name changes follow a different procedure than adult name changes.

If a minor child wishes to change their name, the child’s parent or legal guardian must be the one to petition the change to the minor child’s name on their behalf. The minor child cannot petition themselves. The parent or legal guardian will file a Petition for Change of Name and Proposed Order for Change of Name in the Circuit Court where the parent or legal guardian and the child reside. The Court requires a Cover Sheet at the time of filing the Petition and Proposed Order.

The child’s other parent, the non-filing parent, will also need to consent to the minor child’s name change. The non-filing parent will need to sign a Consent to Change of Name. Filing The Petition, Proposed Order, Cover Sheet, and Consent to Change of Name happens at the same time.

If the non-filing parent does not consent to change the minor child’s name, that parent must be served with the minor child’s Petition for Change of Name. The parent will be given the opportunity to object to the minor child’s name change. It is very possible the Court will dismiss the case if both parents do not consent to the change of name. If that happens, the minor child will need to wait until they are an adult and petition to change their name.

If both parents consent to allow the minor child to change their name, then the process should be simple. The judge may sign the Order for Change of Name without an in-person hearing. Though the judge does have the power to schedule an in-person hearing before granting the name change.

If your child wishes to change their name, the change of name cannot be for fraudulent purposes. This means that the minor child will not be allowed to change their name to avoid debt, criminal obligation, or hide from the law. You must consider what name your child wishes to change to. The Court is not likely to grant a name change for a minor if the name the child wishes to go by is willfully misleading or a name that can be considered offensive, a threat, or a racial slur.

If you or your child need help with a name change, you can contact our helpline at 501-376-3423, Monday-Friday, 9am-4pm.

AUTHOR: DREW RODGERS, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES