Minor Child Name Change

Instructions for Minor (less than 18 years of age) 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 t 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 and or review the NORTH CAROLINA GENERAL STATUTES, Chapter § 101 for additional information.

State Law prohibits the Clerk’s Office staff from; providing any legal advice, providing instructions for completing forms, referring an attorney, or recommending specific ways to pursue legal action.

These forms 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 Form 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 FORMS MUST be either typed or printed in black ink.

By clicking on the following link(s) I confirm that I have read and understand the following:  The 21^st District Clerk of Court, Clerk of Court Staff, or anyone else contributing to the production or dissemination of these sample forms, instructions or guidelines WILL NOT BE LIABLE for any indirect or consequential damages resulting from your use of the sample forms or information provided in this sample packet. That State Law Prohibits the Clerk’s staff from; providing any legal advise, providing instructions for completing forms, referring an attorney, or recommending specific ways to pursue legal action. The Clerk’s Office is the keeper of the records and it is their responsibility to accept and record, without reviewing or providing instructions on completing any form submitted to the Clerk’s Office. The following are sample forms ONLY!

• Instruction Sheet for Minor Child Name Change (without sample forms)
• Instruction Sheet for Minor Child Name Change (with sample forms)

Individual Sample Forms

• 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
• Affidavit of Character Minor Child Name Change
• If individual was born in North Carolina the following form must also be completed and submitted: “APPLICATION for a copy of  NORTH CAROLINA BIRTH CERTIFICATE“, (DHHS-VR-B)
• 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 10^th day 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 the NOTICE to room 243 Civil Filings of the Clerk’s office to have it 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 as required by law, you may then file the following required documents:
  1. Petition For Legal Name Change of A Minor Child
  2. Verification of Petitioner(s)
  3. Two (2) Affidavits of Character, if the minor child is 16 years of age or older
  4. Order and Certificate of Name Change
  5. Copy of your Birth Certificate
  6. 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 and AFFIDAVITS OF CHARACTER (if required) must be signed in front of a Notary Public or they will not be accepted for filing. The AFFIDAVIT OF CHARACTER (if required) must be signed by and individual that is a resident of Forsyth County, has known the minor child for at least two (2) years, who is not related by blood or marriage and is at least 18 years of age.

Please be prepared to drop your documents off in room 243 of the Clerk’s office, include a phone number and your mailing address where you can be reached. An Assistant Clerk will process your Petition and contact you if additional information is needed. Please provide a self addressed, stamped envelope and we will return a signed copy of the ORDER to you.

State Law prohibits the Clerk’s Office staff from; providing any legal advice, providing instructions for completing forms, referring an attorney, or recommending specific ways to pursue legal action.