Instructions for Minor (15 years of age or younger) Child’s Name Change:
An application to change the name of a minor child may be filed by the child’s parent, parents, guardian or Guardian Ad Litem. However, a parent may not make an application for a name change on behalf of a minor child under the age of sixteen, if both parents are living, WITHOUT FIRST OBTAINING THE CONSENT OF THE OTHER PARENT OF THE CHILD. A minor who has reached the age of sixteen years, however, may apply to the Clerk for a name change with the consent of the custodial parent if the Clerk of Court is satisfied that the other parent has abandoned the minor child. To establish abandonment, you will need to present the Clerk with a copy of an order, from a court of competent jurisdiction, adjudicating that the minor child has been abandoned by the parent. Otherwise the Clerk of Superior Court will have to make such determination by following the procedures set out in the N.C.G.S. § 101-2 or N.C.G.S. § 1-273. The following sample forms have been assembled for your convenience in preparing a legal name change for your minor child. If you have questions as to how to prepare these forms you should consult with an attorney or review the NORTH CAROLINA GENERAL STATUTES, Chapter § 101 for additional information.
These examples are designed to cover a name change where:
- Both biological parents are petitioning the court
- One parent is petitioning and the other parent is willing to sign a consent form
A consent by the biological father will be required if:
- The father’s name is listed on the birth certificate
- Paternity has been established by a court order
- The father is under a court order to pay child support
If your circumstance does not fit any of the situations above, you will need to contact an attorney to proceed. The following steps and procedures must be completed to file for a name change. ALL DOCUMENTS MUST be either typed or printed in black ink.
- Notice – Change of Name of Minor Child
- Petition for Legal Name Change of Minor Child
- Petitioning Mother Name Change Verification
- Petitioning Father Name Change Verification
- Consent to Name Change
- Order for Minor Name Change
- The NOTICE must be posted on the courthouse bulletin board, outside of room 243, in the Forsyth County Hall of Justice for at least ten (10) calendar days. If the 10thday falls on a Saturday, Sunday or legal holiday in which the Clerk’s office is closed, your NOTICE must remain posted until 5:00 pm the following business day. Bring two NOTICES to room 600- Special Proceedings of the Clerk’s office to have them time stamped (no charge) before posting. In order to avoid having to post the NOTICE again, always keep a copy of your NOTICE in case the original is lost or taken off the bulletin board.
- After your NOTICE has been posted for the required 10 day and all documents have been prepared, call the Clerk of Court at
336-779-6327 and schedule an appointment for the hearing:
- Petition For Legal Name Change of A Minor Child
- Verification of Petitioner(s) and consent of BOTH PARENTS
- Order of Name Change
- Certified True Copy of Birth Certificate
- Filing fee $120.00
The Clerk’s Office will retain all original documents for the court file. Please provide any additional copies you want returned to you. There is a fee per page for the Clerk’s Office to make copies.
- The PETITION must be signed in front of a Notary Public or it will not be accepted for filing.