Louisiana Petition to Change Name for Minor
Description
Key Concepts & Definitions
Petition to Change Name for Minor: This is a legal document filed in court by the parent or guardian to request a legal name change for a child under 18 years of age. This process involves submitting necessary documents, obtaining signed consents, and sometimes attending a court hearing.
Step-by-Step Guide
- Determine the Requirements: Check your local state laws concerning name changes for minors, as they vary. Requirements may include residency duration and parental consent.
- Obtain Consent Forms: Both parents usually must consent to the name change. If one parent is unavailable or refuses, additional legal steps may be needed.
- Complete the Petition: Fill out the necessary forms, which may include the child's current name, proposed name, and reasons for the name change.
- File the Petition: Submit the completed forms to your county court and pay any required filing fees.
- Attend the Hearing: Some states require a hearing, during which a judge will consider the reasons for the name change and any objections.
- Finalize the Change: If approved, the judge will issue an order for the name change. This order should be used to update the child's legal documents.
Risk Analysis
- Legal ramifications: Incorrect or incomplete application can lead to delays or denial of the petition.
- Social implications: Consider how a name change might impact the child emotionally and socially at school and in other public settings.
- Financial costs: There are filing fees, and potentially attorney fees if professional help is hired. Costs vary by state.
Common Mistakes & How to Avoid Them
- Not researching state-specific laws: Ensure compliance by reviewing local regulations and requirements specific to your state.
- Failing to notify the other parent: Involuntary name changes can lead to legal disputes. Always attempt to get written consent from the non-custodial parent.
- Poor documentation: Submit all required documentation correctly the first time to prevent delays.
FAQ
- What if the other parent does not consent? You may still be able to proceed, but you'll likely need to provide additional documentation and possibly attend a more detailed court hearing.
- How long does the process take? Depending on the state and court schedules, it can take several weeks to several months.
- Can the minor decide on their name change? Minors typically need the approval of their parents and the court, though judges often consider the wishes of older children.
How to fill out Louisiana Petition To Change Name For Minor?
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FAQ
Both legal parents have the right to name a child or to request a name change. However, one parent can't change a child's name without the approval of the other parent. Thus, if the mother doesn't approve, then the father requesting the name change must file a petition with the court for a decision.
In order for a minor to have their name changed, their parent(s) or guardian(s) must make a request to the district court by filling out the Petition for Name Change for Minor. This document includes both a Petition and a Judgement form. Three (3) copies of the document should be made.
Both parents listed on the birth certificate must sign the affidavit in the presence of a licensed notary. This form cannot be used to change a child's last name. A child's last name can be changed by an Acknowledgment of Paternity Affidavit or a court ordered change of name from a Louisiana court.
In cases where the child is born out of wedlock, the child often gets the mother's last name. But if paternity is established, both parents have the right to petition the court to change the child's last name.At the end of the hearing, the judge will ask the parents what name they would like to give their child.
Both legal parents have the right to name a child or to request a name change. However, one parent can't change a child's name without the approval of the other parent. Thus, if the mother doesn't approve, then the father requesting the name change must file a petition with the court for a decision.
There is no cost. It is free to change the last name of a child during the course of a Family Court proceeding. There is, however, a $65 fee for filing for a name change in Civil Court and a $210 fee for Supreme Court.
A mother, or father, cannot change a child's surname by herself or himself unless she or he is the only person with parental responsibility.Any child who has sufficient legal understanding may apply in their own right for the Court's permission to change their name.
You must have attained the age of 18 in Louisiana to petition or request a name change.