In most cases, you ask to change your child`s name in the Probate and Family Court. However, if there is already a case involving the child in a juvenile court, you should instead request that the child`s name be changed in juvenile court. This is the form that the judge signs to grant the child`s name change. Although this is only necessary in the last step, it is best to fill it out in advance and save it for later. You will give it to the judge after completing the rest of the steps. Complete all sections except the date and the judge`s signature line. Be sure to specify whether or not to issue a new birth certificate for the child with the new name. Once the local newspaper has published your child`s notice of name change, submit a copy of the published notice and the affidavit of publication to the court. The newspaper must complete the affidavit of publication, not you.
The affidavit of publication must list the qualifications of the newspaper and the date(s) of publication of the notice. The issue of changing a child`s name in South Carolina can be complex and have legal consequences. You should talk to an experienced lawyer in South Carolina about the issues surrounding the child`s name change. Get at least five certified copies of a child`s name change order, which was signed by the judge by the court clerk while you`re at it. The clerk charges a fee for certified copies. You will need certified copies of the order to change the child`s name on the child`s social security card, birth certificate, passport, school records, etc. Each agency wishes to keep a certified copy of the order. You will also need a certified copy of the order for your records.
Not all documents containing your child`s old name are automatically changed. For more information about the steps to follow after changing your child`s name, see After your name change. As a rule, after divorce, the surname of the mother or father can no longer be changed. However, the law provides for certain exceptions. There are cases where one parent can change the child`s last name without the permission of the other parent. We will list them below. In this form, basic information about the parent submitting the documents and the child(ren) is requested. You are the petitioner. The clerk uses this information to open your file. Use the current legal name of the child(ren) when filling out this form (and all). If you agree to the proposed name change, you can sign the name change request or the waiver/consent form. You are not obliged to attend the hearing unless the judge so requests.
Once you have accepted the name change and the judge issues the order, you cannot change your mind. All notices of name change hearings must be published in a local newspaper. This gives people the opportunity for your child`s name change to have the opportunity to object. You can use our do-it-yourself name change tool to complete the Notice of Hearing publication form. In Wisconsin, if one of the parents requests to change a child`s surname without the other parent, the petitioner must notify the other parent of the petition and give the other parent the opportunity to appeal. If the non-applicant parent objects, the application can still be considered by the court. The approval of the application by the court depends on the best interests of the child. To change your child`s birth certificate in Texas, contact the Vital Statistics Unit of the Texas State Department. Learn more about birth certificate changes and get the application here.
If your child was born in another state, contact the important statistics office in that state. You are responsible for informing the competent authorities of the child`s new name. Bring a certified copy of a child`s name change order to the following organizations: Note: (If someone else is on the list of sponsors, you must also have that person served, unless they agree to the name change and sign your proposal to change the child`s name and this form: original respondent response form.) Code Ann. S.C. § 15-49-10 (Request for Change of Name) Any other defendant in your Case who submitted a response will sign your proposal to change the order of a child`s name change form indicating that he or she accepts the name change. If the name change is authorized, the court issues a decree on the name change. You can apply for a certificate for a fee to specify if the other parent will accept the name change and, if not, why. When the form is completed, sign it in front of a notary. Sometimes it is not possible to get permission from the other parent. If this is the case, the most likely scenario for a successful application to change a child`s name without a parent`s consent is when that parent has actually left the child for an extended period of time.
You must make the petition public by publishing it. The court will send you the quote for publication. If a family wants to change the name of 2 or more children with the same parents or legal guardians, simply issue 1 quote. You must ensure that the quote is published in a local journal and sent according to the instructions in the order of notification of the quote. The shipment must be made by registered mail, acknowledgment of receipt requested. Fill out this additional departure form if the child is at least 10 years old. Note: If the child is 10 years of age or older, you cannot change their name without their consent. Who is the respondent? In the application, the child`s living parents (whose rights have not been terminated) must be listed as defendants. Any person appointed by a court as custodian or chief guardian of the child must also be included in the list of defendants. If you want to ask the judge to change your child`s name without the consent of the other parent, you must be a custodial parent.
A custodial parent has sole or joint custody of the child. If the other parent has joint custody and does not agree to sign the petition, you will not be able to change your child`s name. If you wish to change your child`s last name, there are certain circumstances in which an application for a change of name[1] is approved without the consent of both parents: The notice must be posted before your child`s name change hearing.