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.

Name Change Hearings are by appointment only. See the bottom of this page for more information.

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 21st 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!

Individual Sample Forms

  • 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. Records Check, if minor child is 16 years of age or older
      – Applicants are required to file certified results of an official state and national criminal history record check:
      State Criminal Record — 919-662-4500 or click North Carolina State Bureau of Investigation for more information.
      Federal Criminal Record — Click Federal Bureau of Investigation for more information.
      Finger Printing is Required — Contact the Forsyth County Sheriff’s Department at (336) 917-7001 to schedule an appointment. Click on Forsyth County Sheriff’s Office for more information.
    5. Order and Certificate of Name Change
    6. Copy of your Birth Certificate
    7. 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 call 336-779-6303 to make an appointment with an assistant clerk for your petition to be reviewed. If your paperwork is in order, the name change may be completed during the appointment. Please allow one (1) hour for the name change hearing. Location: Room 243 on the 2nd Floor of the Forsyth County Hall of Justice.

 

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.

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