A recent decision by the Texas Court of Appeals for the Seventh District (Amarillo) underscores how important it is for name change applicants to provide all of the information required by the Texas Family Code. In a recent published decision, the court denied petitioner's name change petition because petitioner failed to set forth whether or not he had complied with the Family Code provisions applicable to petitioners with prior felony convictions.
In Texas, the forms that are required for both adult and child name change petitions are straightforward. Chapter 45 of the Texas Family Code governs petitions for change of name of children and adults. For adults, the verified petition requirements include, among other things, a statement of whether the petitioner has been convicted of a felony. Notably, in Texas, a felony conviction does not preclude someone from changing there name. Where a petitioner has been convicted of a felony, a Texas court may a permit the requested name change provided that the petitioner establishes that he has: (a) received a certificate of discharge by the Pardons and Paroles Division of the Texas Department of Criminal Justice; or (b) completed a period of probation ordered by a court and not less than two years have passed from the date of the receipt of discharge or completion of probation; or (c) been pardoned. These requirements are set forth in the Texas Family Code, Section 45.103(b).
Although individuals with felony convictions may encounter greater scrutiny in the name change process, their petitions may be granted if they establish, in their petitions, compliance with the foregoing requirements of Section 45.103(b).
For persons who do not have felony convictions, the courts in Texas are usually quite accommodating with regard to name change requests. An application for a change of name by an adult is controlled by subchapter B of Chapter 45 of the Texas Family Code. Section 45.102 sets out the requirements of a petition requesting a change of name. The petition must include (1) the present name and place of residence of the petitioner; (2) the full name requested by the petitioner; (3) the reason the change in name is requested; and (4) a statement whether the petitioner has been the subject of a final felony conviction. Tex. Fam. Code Ann., Section 45.102.
Texas' liberal approach to name change petitions is set forth in the Family Code, which states that "the court shall order a change of name under this subchapter for a person other than a person with a final felony conviction if the change is in the interest or to the benefit of the petitioner and in the interest of the public."
Given the permissive approach toward name change that is set forth in the Texas Family Code, it is not surprising that if a name change petition includes all of the required information, it is likely to be granted. Adult and Minor Texas name change forms are available for download at http://www.TexasNameChange.com.
