Ask Me Help Desk - Change child's last name in WI

Change child's last name in WI

Hi me and my daughter are still with her daddy but I'm not married to him yet, but I made a mistake on the birth certificate. What I would like to know is how much would this change of last name be and what to do? This is the biggest mistake in my life and I HAVE to fix it!! Please Let me know!!

Quote:

Originally Posted by mac127jeff

Hi me and my daughter are still with her daddy but I'm not married to him yet, but I made a mistake on the birth certificate. What I would like to know is how much would this change of last name be and what to do? This is the biggest mistake in my life and I HAVE to fix it!!!! Please Let me know!!!!

What "mistake" did you make?" I have no idea if you put a false name on the certificate, named someone else, what happened.

How old is the child?

What State?

Wisconsin, and I just put my last name down on accident and she's 2 1/2 now, but we were never told we had one year to change it if we would like by the time we heard that it was to late :(

Quote:

Originally Posted by mac127jeff

Wisconsin, and I just put my last name down on accident and shes 2 1/2 now, but we were never told we had one year to change it if we would like by the time we heard that it was to late :(

You need a Court Order to change it. The Court has the option of requesting DNA to prove paternity.

How much is that in Wisconsin?

First its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your question to its own thread.

As long as the father is agreeable, this should be simple and inexpensive. Go to the court clerk of your local Family Court and ask what you need to do. There will probably be a simple filing fee (probably less than $100). The issue is if there is no father listed, the court may require a paternity test to determine paternity. This could cost a few hundred dollars.

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Quote:

Originally Posted by ScottGem

First its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your question to its own thread.

As long as the father is agreeable, this should be simple and inexpensive. Go to the court clerk of your local Family Court and ask what you need to do. There will probably be a simple filing fee (probably less than $100). The issue is if there is no father listed, the court may require a paternity test to determine paternity. This could cost a few hundred dollars.

The Court filing fee is $164.50. Publication will vary by which newpaper (it must have a certain number of subscribers). DNA test, if required, is necessary.

The procedure is: Obtain the Petition for a Change of Name from the Clerk of the Circuit Court. You need to fill it in and sign in front of a Notary Public.

The completed form is then filed with the Circuit Court.

You will receive a Hearing date.

A notice of the Hearing has to be published in a specific newspaper, required by the Court, for three consecutive weeks. After the three weeks the newspaper will provide you with Proof of Publication (an affidavit).

You then go to Court and explain the reason for the change to the Judge. If the Petition is granted the Judge will sign the Order. You then need to pay for certified copies of the Order which you will file with your County’s Vital Records Office. You, of course, need one copy for your own use.

If DNA is required the Court will advise you.

I think Judy missed something. You are still with the father right? So if the court requires a DNA test, he is willing to provide it correct? Notice by publication may not be necessary.

Quote:

Originally Posted by ScottGem

I think Judy missed something. You are still with the father right? So if the court requires a DNA test, he is willing to provide it correct? Notice by publication may not be necessary.

I'm not sure - I'm sure the Clerk will know. I'm reading (and I'll try to find it again) is that if paternity has not been established there must be publication. It sounds like paternity has not been established.

Wisconsin Law is:

"786.37 Change of name, notice of petition.
786.37(1) (1) Before petitioning the court to change or establish a name, the petitioner shall publish a class 3 notice under ch. 985 stating the nature of the petition and when and where the petition will be heard.
786.37(2) (2) If the petition is for the name change of a minor under 14 years of age who has 2 living parents and if the petition is being made by one parent of the minor, the petitioner shall, in addition to publishing the notice under sub. (1), serve a copy of the notice and petition on the nonpetitioning parent in the same manner as a summons is served under s. 801.11 (1).
786.37(3) (3) This section does not apply to the name change of a minor if the parental rights to the minor of both parents have been terminated, guardianship and legal custody of the minor have been transferred under subch. VIII of ch. 48, the minor has been placed in a permanent foster home, and the guardian and legal custodian of the minor have petitioned to change the minor's name to the name or names of the minor's foster parents.
786.37(4) (4) Subsection (1) does not apply if the petitioner shows, by a preponderance of the evidence, that publication of his or her petition could endanger him or her and that he or she is not seeking a name change in order to avoid a debt or conceal a criminal record."

I don't see this situation and believe this is why DNA will "probably" come first - so that the two parents can join in the Petition.

I see no exception to publication.