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    Raning1's Avatar
    Raning1 Posts: 9, Reputation: 0
    New Member
     
    #1

    Jan 19, 2008, 04:48 PM
    Changing Child's Name
    I am wondering if anyone could provide me with case studies that support changing a child's name by adding the Father's last name to his legal name. The child is has just turned 6 and has a very good relationship with his non-custodial Father.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Jan 20, 2008, 12:17 AM
    I don't see a problem here, particularly is all parties are in favor
    Of the petition. What you are seeking to do a relatively minor CIVIL
    ACTION that should not have to involve the Attorney General's office
    At all. In fact, the whole matter can be conducted in your local
    County Court and the approval of the name change does not even have to
    Be published (except to a specified few "interested parties" who have
    A legal right to know) in order for it to take effect.
    In it we find that the petition may be filed by anyone who is the
    Minor child's parent, managing conservator, or guardian. In order for
    The process to be successful, the jurisdictional court must agree
    (among other things) that the name change is in the best interest of
    The child and that the requested name change is consistent with the
    Public interest (in Texas you probably would not get approval for an
    Outrageous name just for the sake of doing it). The court will
    Entertain any objections to the name change but such objections, if
    Any, would have to raise concerns that the name change was not in the
    Best interest of the child in order to be taken into consideration.
    A petition to change the name of a child must be verified and
    Include:
    (1) the present name and place of residence of the child;
    (2) the reason a change of name is requested;
    (3) the full name requested for the child; and
    (4) whether the child is subject to the continuing exclusive
    Jurisdiction of a court under Chapter 155.
    (b) If the child is 10 years of age or older, the child's written
    Consent to the change of name must be attached to the petition

    You then file the forms with YOUR LOCAL COUNTY COURT – the one in
    Which the child permanently resides – by paying a visit to the County
    Court Clerk's Office with your filled out forms in hand. By filing the
    Completed documents and paying the prescribed filing fee you are
    Officially notifying the court of your petition to legally change the
    Name of the minor child and you are requesting to be heard by the
    Court. You may be advised of a court date at this time or you may be
    Notified at a later date by mail of a scheduled hearing.

    At the hearing your case will be called and entered into the record at
    Which time the Judge will ask if there are any objections to the name
    Change. If there are none, the Judge will then make the determination
    As to whether the name change is in the child's best interest and may
    Ask you some questions. If he/she is convinced that the name change in
    The best interest of the child, the alteration of the child's change
    Will be so ordered and become the child's legal name hereafter.

    Here are some sources where you can purchase the necessary forms and
    Instructions or the entire name change package as required by your
    Local court:

    US LEGAL FORMS
    Form Search Results - US Legal Forms, Inc.


    LEGAL ADVICE LINE
    http://www.legaladviceline.com/packa...0Name%20Change

    S.K.C. NETWORKS
    http://www.conferencingxp.com/2find....0name%20change

    ACCESS NAME CHANGE CENTER
    Error - Couldn't find linked-to HTML File

    In addition, many counties provide the necessary forms for free and
    Only charge for the filing of the completed forms. Before spending a
    Great deal of money buying name change “kits”, I recommend you first
    visit the County Clerk's Office and inquire about obtaining the forms
    From them for free. Before you visit the clerk's office however, visit
    This site and print off this form and take it will you. Ask the clerk
    If this is free form I found is one of the forms you will need (I
    Believe it is). If so, this is a bonus head start for you. You can use
    This one and it will be one less form you need to round up before
    Filing your petition:


    There is also a possibility that if you are under a certain income
    Bracket you can ask to be declared indigent in which case some of the
    Fees you would normally be required to pay might be waived.
    Raning1's Avatar
    Raning1 Posts: 9, Reputation: 0
    New Member
     
    #3

    Jan 20, 2008, 01:44 PM
    To GV70 Thank you for your response. Actually, I have been prose in civil court many times in my life and have only lost one case which was petitioning the court for custody of my son. It was far to emotional for me and I did make some mistakes which limited some evidence being heard. In that hearing the woman judge who by the way has a reputation of disrespect for men failed to address part of my petitions requesting that my name be added to my son's. For the past 2 years I have been trying to encourage his Mom to agree but she has continued to "procrastinate" for unknown reasons. As of this writing she has once again stated she would sign a letter to the judge agreeing to the name change. If that is accomplished (holding my breath) then I can present the judge with all the file marked copies, a proposed court order and the letter with both our signitures.
    The reason I was looking for case studies supporting my petition was to prepare myself should I end up before the judge and could site cases in support of my petition. I live in Arkansas and was led to believe that I would need a court order for change of name to then secure a new social security card and change of birth record (name only as I am now listed as the biological Father which I was not at his birth).
    Again, thanks for you quick response and hopefully tomorrow his Mom will sign the letter of agreement (by the way, in her prose response to my petition to the court she did answer YES to part 6 which stated his name would be changed to include my last name!)
    Sincerely,
    Randy
    Raning1's Avatar
    Raning1 Posts: 9, Reputation: 0
    New Member
     
    #4

    Jan 20, 2008, 01:49 PM
    Quote Originally Posted by GV70
    I don’t see a problem here, particularly is all parties are in favor
    of the petition. What you are seeking to do a relatively minor CIVIL
    ACTION that should not have to involve the Attorney General’s office
    at all. In fact, the whole matter can be conducted in your local
    County Court and the approval of the name change does not even have to
    be published (except to a specified few "interested parties" who have
    a legal right to know) in order for it to take effect.
    In it we find that the petition may be filed by anyone who is the
    minor child’s parent, managing conservator, or guardian. In order for
    the process to be successful, the jurisdictional court must agree
    (among other things) that the name change is in the best interest of
    the child and that the requested name change is consistent with the
    public interest (in Texas you probably would not get approval for an
    outrageous name just for the sake of doing it). The court will
    entertain any objections to the name change but such objections, if
    any, would have to raise concerns that the name change was not in the
    best interest of the child in order to be taken into consideration.
    A petition to change the name of a child must be verified and
    include:
    (1) the present name and place of residence of the child;
    (2) the reason a change of name is requested;
    (3) the full name requested for the child; and
    (4) whether the child is subject to the continuing exclusive
    jurisdiction of a court under Chapter 155.
    (b) If the child is 10 years of age or older, the child's written
    consent to the change of name must be attached to the petition

    You then file the forms with YOUR LOCAL COUNTY COURT – the one in
    which the child permanently resides – by paying a visit to the County
    Court Clerk’s Office with your filled out forms in hand. By filing the
    completed documents and paying the prescribed filing fee you are
    officially notifying the court of your petition to legally change the
    name of the minor child and you are requesting to be heard by the
    court. You may be advised of a court date at this time or you may be
    notified at a later date by mail of a scheduled hearing.

    At the hearing your case will be called and entered into the record at
    which time the Judge will ask if there are any objections to the name
    change. If there are none, the Judge will then make the determination
    as to whether the name change is in the child’s best interest and may
    ask you some questions. If he/she is convinced that the name change in
    the best interest of the child, the alteration of the child’s change
    will be so ordered and become the child’s legal name hereafter.

    Here are some sources where you can purchase the necessary forms and
    instructions or the entire name change package as required by your
    local court:

    US LEGAL FORMS
    Form Search Results - US Legal Forms, Inc.


    LEGAL ADVICE LINE
    http://www.legaladviceline.com/packa...0Name%20Change

    S.K.C. NETWORKS
    http://www.conferencingxp.com/2find....0name%20change

    ACCESS NAME CHANGE CENTER
    Error - Couldn't find linked-to HTML File

    In addition, many counties provide the necessary forms for free and
    only charge for the filing of the completed forms. Before spending a
    great deal of money buying name change “kits”, I recommend you first
    visit the County Clerk’s Office and inquire about obtaining the forms
    from them for free. Before you visit the clerk’s office however, visit
    this site and print off this form and take it will you. Ask the clerk
    if this is free form I found is one of the forms you will need (I
    believe it is). If so, this is a bonus head start for you. You can use
    this one and it will be one less form you need to round up before
    filing your petition:


    There is also a possibility that if you are under a certain income
    bracket you can ask to be declared indigent in which case some of the
    fees you would normally be required to pay might be waived.
    Thanks. I tried to post an answer to you but I think it was sent to my own space. You might go there and check out my answer to you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Jan 20, 2008, 02:16 PM
    If both parents are in agreement, changing a child's last name is very very easy. It is almost a fill in the blank form in most courts and happens very easy.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #6

    Jan 20, 2008, 03:53 PM
    http://gv70.files.wordpress.com/2007...ld-surname.doc
    Here are some cases-check them!
    Raning1's Avatar
    Raning1 Posts: 9, Reputation: 0
    New Member
     
    #7

    Jan 20, 2008, 05:27 PM
    :) Thanks... I have made a note of these although I hope this will be resolved in a few days by both parents.

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