Can You Legally Change Your Childs Last Name
If one parent will not agree to have a kid's proper noun changed, the other parent can file papers to asking the modify. The non-consenting parent must be served with copies of the proper name modify papers and given a risk to object. A judge may or may not grant a kid's proper name change without the other parent's consent. Read on for more information about how to petition for a child's name alter when only one parent is asking for the name change.
FYI!
If you were served with paperwork showing the other parent wants to change a kid's name and you disagree, you can file an "Objection" to the proposed name change. This must be filed within ten business organisation days of when you receive the paperwork. You can find the instructions and forms needed to do this in the Objection Packet.
Earlier yous begin:
- Is this page for me?This page is for parents of kid residents of Clark County, Nevada, who want to inquire for a name change for their child, but the other parent will not concord. Typically, both parents must concur to accept a kid'due south name inverse. However, 1 parent can ask for a proper noun change and serve the other parent with the name change papers to see if the other parent will object.
- What if the other parent will agree and sign? Follow the instructions for Name Changes When Parents Agree.
- What if the other parent is deceased or their rights were terminated by a court?Follow the instructions for Name Changes When Parents Agree.
- Exercise I have to involve the other parent? Aye.You cannot avert notifying a parent about a child'due south proposed name alter only considering the parent is not involved in the child'south life or the parent'south location is unknown. You will have to search for the parent and make sure they are served with the proper name change papers later on filing. You may have to get permission to publish a notice in a newspaper if you lot cannot notice them to serve them in person. A approximate may grant the proper noun change without the other parent'south consent, but the other parent does accept a right to know about the proposed name alter and object if he/she does not agree.
- What laws apply? Larn the nuts of the laws that apply to name changes in the Proper name Change Overview.
Follow these steps to file for a child name change:
ane. Fill out the forms. At that place are several forms you will take to fill out and sign.
ii. File the forms. Turn in your completed forms to the Clerk of Court by mail or efiling.
three. Serve the other parent. The other parent must be served with a re-create of all the papers you filed.
4. Set a hearing with the Judge. The judge volition desire a short hearing with yous before approving the proper name change.
Larn more about each step below.
Circumspection!
Some judges have different requirements than those explained below. If you have questions, contact the judge's staff to find out what the judge assigned to your case requires. E'er follow the judge'due south directions if they are different from those given hither.
A proper name change for a child is non guaranteed without the other parent's consent.
i. Fill out the forms
All of the following documents must be completed to ask the courtroom for a name change:
Family unit Court Encompass Sheet - always required
This course asks for basic data about the parent who is filing the paperwork and the child(ren). Y'all are the Petitioner. The Clerk of Court uses this information to open your case. Use the kid(ren)'s electric current legal proper noun when completing this (and all) forms.
Family Court Cover Sheet (pdf)
Family unit Court Comprehend Sheet (pdf fillable)
Petition for Kid's Proper noun Alter - always required
This grade tells the Courtroom nigh the child's current proper noun, the new name you lot would like the child to accept, and the reasons why. You tin can ask for up to 2 children'due south names to be changed. Where the form asks for the kid's current name, use the electric current full legal name.
Bespeak whether the other parent volition agree to the name alter and if not, why. Sign this form in forepart of a notary.
Petition for Child's Proper name Change (pdf)
Petition for Child'south Name Modify (pdf fillable)
Notice of Petition for Kid's Proper name Change - always required
This form is directed to the non-consenting parent. It lets the other parent know about the proposed proper name change, and what to do if they want to object. Fill out the form completely.
Discover of Petition for Child'southward Proper noun Change (pdf)
Consent to Kid's Name Change (for parents and older children)
If the other parent volition agree to the child'due south name change, the parent tin fill out this form. This form must be signed in front of a notary.
Parent's Consent to Child's Name Modify (pdf)
Parent'south Consent to Child'south Name Change (pdf fillable)
A child age 14 or older must consent to their own name modify. If any of the children are fourteen or older, each kid must complete a consent.
Kid's Consent to Child's Name Change (pdf)
Child'south Consent to Child's Name Change (pdf fillable)
Lodge for Child's Name Change - always required
This is the form the judge signs to grant the child's name modify. Although this will not be needed until the last step, information technology is best to fill it out alee of time and salvage information technology for later. You will requite this to the judge afterward you lot accept finished the residuum of the steps. Complete all sections except for the appointment and signature line for the gauge. Make certain to point whether or non a new birth document should be issued for the child with the new name.
Order for Child'south Name Change (pdf)
Social club for Child'south Name Change (pdf fillable)
2. File the forms
The court charges$270 to file the papers. The fee is payable by greenbacks, money gild, or almost major credit/debit cards. If yous cannot afford the fee, please see Filing Fees and Waivers to find out how to ask the court to waive the fee.
You tin can file your papers 1 of these ways:
-
By Postal service: Post your forms and the filing fee (with check or money order fabricated out to Clerk of Court) to:
Family Courts and Services Center
Attn: Clerk of Court
601 Northward Pecos Road
Las Vegas, NV 89101 - Online: Yous can file online through the court'southward east-filing system, eFileNV. There is a fee of $3.50 to upload your documents, in improver to the regular filing fee. Yous must register for an business relationship, you must provide a valid email address, and you must be able to scan and upload your documents. Carefully follow the E-Filing Guide to avoid mistakes.
E-Filing Guide - In person at the Family Courthouse (check our How to File page for hours and more information).
3. Serve the other parent
Any living parent who nonetheless has parental rights to the kid should exist served with a re-create of the Petition and the Detect of Petition. The way to serve the other parent depends on the following:
- If you know or tin find out where the other parent is located:The parent must exist personally served with the Petition and the Observe of Petition. The parent filing for the name change cannot serve the other parent. Someone over the age of xviii who is non a party to the instance must paw-deliver the documents to the parent. You tin ask someone you know to serve the documents, or yous can rent the sheriff or a individual process service. Visit the Sheriff'due south Ceremonious Process Section for more information on their fees and services.
Whoever serves the other parent must fill out a Proof of Service form that says when, where, and how the other parent was served. Brand certain this form is completed and filed at the family court.
Proof of Service (pdf) Proof of Service (pdf fillable)
The other parent tin can file an "objection" if they disagree with the name alter. If they do, a hearing will be set for both parents to talk to the gauge.
- If yous have had no contact with the other parent and practise not know where to find him or her: You can ask the judge's permission to mail service a notice in a newspaper for iii weeks instead of having the other parent served in person. Y'all will have to fill out some forms explaining everything that was done to endeavour and find the other parent to accept them served. It will be up to the judge whether to let you to publish the notice instead of having it served. Download the bundle below and follow all of the included instructions to request permission to publish.
Request for Publication - Minor Name Change (pdf)
4. Ready a hearing with the judge
The judge unremarkably requires a hearing before approving a kid's proper name change without both parents' consent. The hearing is called a "show up" or an "uncontested" hearing. This is a brusk hearing where the approximate can enquire y'all some questions before deciding whether to approve the child'southward name change.
To prepare a hearing, fill out an Uncontested Setting Slip and file information technology. A clerk will set a courtroom appointment for you when you file the form. The gauge cannot grant the name change until 10 days subsequently the last date the notice was published. Brand certain your hearing appointment is scheduled for at least x days later the final publication appointment.
Uncontested Setting Slip (pdf fillable)
If yous did not already fill out the Order for Child'due south Proper name Change when yous filled out your other paperwork, consummate the form now. Complete all sections except for the signature line for the judge.
Order for Child'southward Proper noun Change (pdf fillable)
Most hearings take place past video. The guess will ask y'all some questions and decide whether to grant the proper noun change. If granted, the judge may prepare the lodge for yous or may inquire you lot to submit the order after the hearing. If so, follow the steps here to turn in the terminal order to the judge.
FYI!
In one case you get your signed order, you volition need to contact every bureau and office where yous wish to alter the child's proper noun so they can update the child's information. They will usually require a certified copy of the proper noun change order, which you can obtain for a small fee from the Clerk of Court'southward Records Department.
If your order includes a request for a new birth certificate with the child's new proper name, you will need to contact the vital records department where the kid was born to observe out their requirements. If the child was born in Nevada, please run into the Nevada Office of Vital Statistics to observe out how to get the birth document changed.
Can You Legally Change Your Childs Last Name,
Source: https://www.familylawselfhelpcenter.org/self-help/name-changes/name-changes-for-children/197-contested
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