Q: How do I change my children’s names? Can I change my children’s names as part of a divorce?
A: Generally speaking, children’s names would not be changed within the divorce proceeding the way a party’s name could be changed by virtue of a divorce. An application separate from the divorce proceeding would need to be made to change children’s names. However, even then, a name change for a child will generally not be granted against the wishes of either parent, absent extraordinary circumstances.
To change a child’s name, first, the child must have resided in Minnesota for at least six months. If the child is a minor, the application for name change must be made to the district court in the county where the child resides, and the application must be made by the child’s guardian or next of kin. Notification of the pending application for name change must be provided to both parents of the child. The children must appear personally before the Court and prove the children’s identity by at least two witnesses. Upon meeting the aforementioned requirements, the Court will grant the request for a name change so long as it finds there is no intent to defraud or mislead and the court. The name change will not be granted if the court finds that the name change is not in the child’s best interests.
