Montana Petition to Change Name of Minor Child

State:
Montana
Control #:
MT-KL-410-01
Format:
PDF
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Description

A01 Petition to Change Name of Minor Child

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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.

First, you file the Petition for Change of Name for your child. Then, you will get a court date between 6 and 12 weeks away. If the court approves your request, you will get a court order called a "decree" changing your child's name. The court process can take up to 3 months, though in busier courts it may take longer.

If one parent is out of the picture, you don't need consent to change your child's last name. You do need to serve him or her with a conformed copy of the Order to Show Cause form. The other parent still does not have to consent or agree, just get served. Once served, a Proof of Service form must be filed.

Both parents must applyBoth parents named on the child's birth certificate must apply to change their child's name.

If one parent will not agree to have a child's name changed, the other parent can file papers to request the change. The non-consenting parent must be served with copies of the name change papers and given a chance to object. A judge may or may not grant a child's name change without the other parent's consent.

Marriage or Divorce Sometimes, when parents divorce, if one parent is awarded the majority of custody, they may choose to change the child's last name.This could be the last name of one of the parents, a hyphenated last name, or even a name that represents the combining of the two last names.

In NSW, you can only change a child's name once in a 12 month period and 3 times in their lifetime. Whilst exceptions exist these are subject to the Registrar's personal approval. Both parents named on the child's birth certificate must apply to change their child's name.

16 and 17-year-olds should change their own name using an adult deed poll. Generally speaking, 16 and 17-year-olds can change their name without the consent of their parents / guardians, but there are certain situations where they'll still need the consent of everyone with parental responsibility for them.

If aged between 16 and 18 a child can generally change their name themselves but the consent of any person having responsibility for that child may be required.

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Montana Petition to Change Name of Minor Child