Changing a minor's name after other parent has filed an Injunction

What options do I have for motioning the court to allow a legal name change for my son when my ex and her family have filed an injunction that forces me to only call him by the name on his birth certificate.

Despite going to the hospital a few hours after his birth, I was told by the hospital staff that it wouldn’t be possible to change his name without the other parent’s consent. The paperwork had already been done by the mother and her family immediately after he was born and they kept all details of the birth from me.

I was unable to find anything on https://www.namechangelaw.com/states/nc/northcarolina.htm to answer whether this can be done.

To change a minor child’s name, both parents must consent to it. Such a name change is handled by the clerk of court rather than a judge.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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