Change a Minor’s Legal Name

• Where to File: This depends on whether the minor child is the subject of ANY Colorado court order regarding parenting time, decision-making responsibility, child support, or other allocation of parental responsibilities (for simplicity, we will refer to this as “child custody court order” from this point forward.  If so, the petition must be filed in that District court (e.g. if the parents were divorced in Douglas County, but both currently live in Denver, the petition must be filed in Douglas County District Court).
  If no such child custody court order exists, the petition must be filed in the county where the minor child and Petitioner(s) are residents, and preferably in the County Court (not the District Court because it is more expensive and generally takes longer).
• Age: For the purposes of this section, the minor child must be under 18 years of age OR under the age of 19 if there is any Colorado child custody court order. There is a separate process for adults.
• Felony Criminal Records: A felony conviction or a juvenile delinquency determination in any state will make a legal name change more complicated, but it may be possible. If this is the case, we recommend that you consult with an attorney, or contact us to see if we can connect you with an attorney.
• Copy of Birth Certificate: Some courts and judges require a copy of the minor’s birth certificate to prove parentage. Therefore, it’s advisable to include this with the rest of the documents to save time.

Anyone 14 years or older must submit a criminal history check from the Federal Bureau (FBI) and Colorado Bureau of Investigation (CBI) at the time the petition is filed and must be dated within 90 days of the petition being filed. Minors ages 13 years old or younger are NOT required to get background checks.

Colorado Fingerprinting is currently the only place that can administer the fingerprinting cards and submit both the FBI and CBI background check requests. Expect the FBI results within 24-72 hours (will be sent via email) and the CBI results in 2 weeks.

• Colorado Fingerprinting can process both FBI and CBI background checks at all of their locations. Please visit Colorado Fingerprinting or call 720.292.2722 to make an appointment. Please note that while they do have locations across the state, some may be closed due to limited operations and COVID-19 precautions.
• When registering for the appointment:
  • Step 1 – Register for CBI/CABS and use the CBI unique ID 3975LNCA during the registration process.
  • Step 2 – Go on the day of your appointment to have your fingerprints taken.
  • Step 3 – Once your fingerprints are accepted by CBI, you will receive an email with instructions on how to order the FBI background check.
  • The total cost is $86.50. CBI is $31.50 and FBI is $55.

 

The forms a parent(s)/guardian(s) of a minor child needs to complete depends on the parents’ marital status and whether there are any court orders regarding the child (parenting time, decision making, child support, etc). Packet instructions and blank forms are available in both PDF and MS Word formats on the Judicial Branch website. However, we’ve taken the opportunity to complete them for you, in an easy-to-use form generator. You can complete these forms on your computer or fill them in by hand, printing legibly in black ink, but we strongly recommend using your computer. Do not sign these documents yet. You must sign the petition in front of the court clerk or a notary public.

• Original Petition (JDF 421)
  • Complete all sections on this form
  • If required, you will attach the fingerprint based FBI and CBI criminal history reports to the original petition and identify them as “Exhibit A.”
  • Attach any other criminal disposition documentation and identify it as “Exhibit B.”

• Order for Publication for Change of Name
  • Complete all sections of this form.
  • As of January 1, 2020, if you are filing your Petition for Change of Name due to a legal transition, you should NOT be required to publish your proposed name change in the newspaper. However, you still must include this form as a matter of protocol.

• Public Notice 
  • Complete all sections of this form.
  • As of January 1, 2020, if you are filing your Petition for Change of Name due to a legal transition, you should NOT be required to publish your proposed name change in the newspaper. However, you still must include this form as a matter of protocol.

• Proposed Final Decree 
  • Complete the section at the top and the section for current & new legal name. The judge/magistrate will check the boxes and sign the order.

•  

• Possible Additional Forms Needed:
  • JDF 423 – Consent of Non-Custodial Parent (if the non-custodial parent agrees with the name change).
  • JDF 422 – Notice to Non-Custodial Parent (if the non-custodial parent does NOT agree with the name change or you are unable to get their signature on JDF 423)
  • JDF 424 & JDF 425 – Request to Publish Name Change Notice and Notice to Non-Custodial Parent by Publication (if you do not know the current location of the non-custodial parent, mail JDF 422 via certified mail to their last known address.  If it is returned as undeliverable, include the envelope along with JDF 424 and 425 in your initial filings with the court to have the notice publicized.)
• Exemption of Publication for Name ChangeFollowing passage and implementation of HB19-1039 (known as “Jude’s Law), transgender and non-binary Coloradans are exempt from the publication requirement per Colo. Rev. Stat. § 13-15-102(4), which states:
  • “A petitioner need not give public notice of a name change as required by subsection (1) of this section if the petitioner is changing the petitioner’s name to conform with the petitioner’s gender identity.”

  You can read more about the effort to remove unnecessary and unconstitutional hurdles to legally changing names and correcting gender markers at the bottom of this page.

  1. However, you still must include the Public Notice and Order for Publication for Change of Name, described above.

Is the minor child the subject of a child custody court order?

• If not, you must file the Petition in the county in which you currently reside.  You may choose between County Court or District Court; however, County Court is cheaper and generally faster.
• If yes, you must file the Petition in the same DISTRICT court in which the custody/APR/support order was entered.  For example, if you were divorced in Jefferson County but currently reside in Denver, you must file in Jefferson County District Court.  For minors who are the subject of a child custody court order from out-of-state, we recommend you speak with a licensed attorney to determine where you should file.

Each court may have slightly different procedures. Contact the court in the county you reside in for specific days or times when name change hearings are scheduled. We have a spreadsheet with the court dates & times for name change hearings, which we update as we receive new information. If you have corrections or additions, please contact us.

You may have your hearing on the same day that you file your case or a future hearing will be set. Additionally, some courts may not require a hearing and will issue the Decree following a review of the petition and supporting documentation.

The filing fee for the petition is $88 for County Court or $238 for District Court.

• • If you are unable to pay the filing fee, you may complete the Motion to File without Payment and Supporting Financial Affidavit and submit it to the court. After you submit the completed form and a blank order (JDF 205 and 206), the court will decide whether you need to pay the filing fee.
  • You may also apply for our microgrant fund if you need some assistance offsetting some or all of the costs.

You will receive the Final Decree via mail once all the steps are completed and the judge approves your petition.

• A hearing is almost always required.  You may have your hearing on the same day that you file your case or a future hearing will be set.
• If filing jointly, both parents must be at the hearing unless the court grants permission for one parent to be absent.
• The minor child must also be at the hearing.
• At the hearing, the judge may ask you questions about your child’s name change. We suggest having a “cheat sheet” that has the information you’d like to convey to the judge on it, such as why publication should not be required.

• The minor child should not be ordered to publish because of the statutory exemption, but there is the possibility that a judge ends up ordering publication due to a miscommunication, incomplete Petition, etc. Please make sure you select the box on the Petition that states “Publication is not required.”
• If this happens, please contact us ASAP as we can help you with filing a Motion for Exemption from Publication.

 

• Publication Fee: This may end up being needed in the case of a parent/guardian whose address or whereabouts is unknown. Amount varies and may be payable to the court or to the newspaper directly. Denver Post was approximately $130 at the time of this writing. Others can run between $50-$120.
• Copies of Documents (Documents on File): $0.75 per page or $1.50 if double-sided
• Copies of Documents (Documents not on File): $0.25 per page or $0.50 if double-sided
• Certification Fee: $20 per certified copy