Changing a child’s name in North Carolina is a legal process that requires certain steps. Parents may wish to change their child’s name to correctly reflect family heritage, the child wishes to change their name, or perhaps you wish to change the child’s name following a divorce. No matter the reason, the attorneys at Ley Law can help provide you with a clear understanding of this process and help guide you through the steps.
In North Carolina, changing a child’s name can only be done by a parent or legal guardian. If both parents have legal custody of the child, both parents must agree to the name change. If one parent does not agree, then the other parent may need to petition the court in order to change the child’s name.
In order to begin the process of changing a child’s name, you must file a petition for name change with the appropriate county court. This process requires posting notice in the courthouse, submitting a petition, filing affidavits, and paying a filing fee. As mentioned before, if necessary, consent from the other parent may be required.
Notice to the non-consenting parent may also be required in order to afford that parent a chance to object to the name change. This will sometimes require a hearing in which the Judge will review the petition, hear any objections to the name change, and evaluate whether the name change is in the best interests of the child. If granted, the Judge will sign an Order Granting Name Change.
Once you have a signed Order Granting Name Change, you will need to update all relevant documents including: the child’s birth certificate, school records, social security documents, as well as other documents and records. It is important to note that North Carolina Vital Records also has forms that need to be submitted along with the Order Granting Name Change in order to provide parents with a copy of the amended birth certificate.
The timeframe for this process varies on a number of factors including the amount of petitions the court has received as well as possible delays with Vital Records providing the amended birth certificate. If you are interested in changing your child’s name, the attorneys at Ley Law can help you complete all necessary documents and ensure that there are no added delays.
Nicholas Towell Author
Nicholas Sterling Towell is an Associate Attorney at Ley Law, dedicated to Family Law and Criminal Defense. He holds a Bachelor’s degree in Criminology from the University of South Florida and earned his Juris Doctor from Florida State University College of Law. Nicholas was admitted to the North Carolina Bar in May 2024 and is an active member of both the North Carolina Bar Association and the Pitt County Bar Association.
