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  1. #1
    Join Date
    Mar 2011
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    Default 16 Year Old Want to Change Last Name in North Carolina

    My question involves name change laws in the State of: North Carolina. My son's father pays child support but does not see him. They only have telephone contact and that is not alot. My son wants to change his last name to my maiden name. When I asked him why, he stated "I don't feel like a (current last name). I don't have any contact with that side of my family". I told him he would probably have to wait til he turned 18, but is this true. I read some legal things on it but I really don't understand all the legal words. It was very confusing. So my question is does he need both parents consent once he is 16?

  2. #2
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    Sep 2005
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    Default Re: 16 Year Old Want to Change Last Name in North Carolina

    For a minor's name change you will either need dad's consent or you will need to litigate the issue in court and convince the court that the name change is in the minor's best interest. Your instinct is correct that, absent dad's consent, this will go from being potentially costly and difficult to being a relatively easy process once your son reaches adulthood.

  3. #3
    Join Date
    Mar 2011
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    4

    Default Re: 16 Year Old Want to Change Last Name in North Carolina

    North Carolina General Statutes § 101-2 Procedure for changing name; petition; notice


    (d) An application to change the name of a minor child may be filed by the child's parent or parents, guardian, or guardian ad litem, and this application may be joined in the application for a change of name filed by the parent or parents. Nothing in this section shall be construed to permit one parent to make an application on behalf of a minor child without the consent of the other parent if both parents are living; except that a minor who has reached the age of 16 years, upon proper application to the clerk, may change his or her name with the consent of the parent who has custody of the minor and has supported the minor, without the necessity of obtaining the consent of the other parent, when the clerk of court is satisfied that the other parent has abandoned the minor. A change of parentage or the addition of information relating to parentage on the birth certificate of any person is governed by G.S. 130A‑118.

    This is what the statue says. If I am reading it right does it say my son can change his name when he turns 16 without both parents constent?

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