How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask SC Law Attorney Your Own Question

SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
20405397
Type Your Family Law Question Here...
SC Law Attorney is online now
A new question is answered every 9 seconds

Could you advise me on the steps I must take to change the

Customer Question

Could you advise me on what I must do and any templates available to change the name of my minor child who has the same name as his father who is a sex offender?
Submitted: 3 years ago.
Category: Family Law
Expert:  SC Law Attorney replied 3 years ago.
Chat Conversation Started
SC Law Attorney :

Can you tell me what state you are in?

Customer :

North Carolina

SC Law Attorney :

In North Carolina, a parent may not change the name of a minor child without the consent of the other parent, except in the following instances: the other parent is deceased; the minor child has reached the age of 16; the minor child has the consent of the custodial parent who has supported the minor child and the clerk of court is satisfied that the non-custodial parent has abandoned the minor child; or the non-custodial parent has been adjudicated as having abandoned the minor child.

SC Law Attorney :

The specific statutes state:An application to change the name of a minor child may be filed by the child’s parent or parents, guardian, or guardian ad litem, and this application may be joined in the application for a change of name filed by the parent or parents. Nothing in this section shall be construed to permit one parent to make an application on behalf of a minor child without the consent of the other parent if both parents are living; except that a minor who has reached the age of 16 years, upon proper application to the clerk, may change his or her name with the consent of the parent who has custody of the minor and has supported the minor, without the necessity of obtaining the consent of the other parent, when the clerk of court is satisfied that the other parent has abandoned the minor. A change of parentage or the addition of information relating to parentage on the birth certificate of any person is governed by G.S. 130A-118.


The consent of a parent who has abandoned a minor child is not required if a copy of an order of a court of competent jurisdiction adjudicating that parent’s abandonment of the minor if filed with the clerk. If a court of competent jurisdiction has not declared the minor to be an abandoned child, the clerk, on 10 days’ written notice by registered or certified mail, directed to the last known address of the parent alleged to have abandoned the child, may determine whether the parent has abandoned the child. If the parent denies that the parent abandoned the child, this issue of fact shall be transferred and determined as provided in G.S. 1-301.2. If abandonment is determined, the consent of the parent is not required. Upon final determination of this issue of fact the proceeding shall be transferred back to the special proceedings docket for further action by the clerk. [N.C.Gen.Stats, Chapter 101. Names of Persons, § 101-2.]


Contents of petition:
The applicant shall state in the application his true name, county of birth, date of birth, the full name of parents as shown on birth certificate, the name he desires to adopt, his reasons for desiring such change, and whether his name has ever before been changed by law, and, if so, the facts with respect thereto. [N.C.Gen.Stats, Chapter 101. Names of Persons, § 101-3.]

Customer :

Thank you for that, but do I also have to make a posting at the local court house or in any other venue? Am I required to give him the desired name noted on the letter of intent? (I want to avoid backlash on him- we are in a tiny town and this is a high-profile and emotionally/racially charged case)

SC Law Attorney :

Usually, you will be filing a petition and the father will be signing an answer agreeing to the relief stated in the complaint, so he will know the name you are wanting to change the child's name to unfortunately

SC Law Attorney :

In your case with the criminal record, you may be able to change the name without his consent. See above for information in that regard: usually , if the Court believes it to be in the child's best interest, they will allow the change

SC Law Attorney :

The above blue-lined is actually pertaining to CA law, sorry. . .I still think that you may be able to change your child's name given the sex-offender status of the bio father tho, as most states do allow for it

Customer :

Thank you so much for your prompt information. You have been very helpful.

SC Law Attorney :

In looking at NC law to answer your question previously, I saw a lot of sites that offered "templates" for little cost. I will look around a little and see if I can attach websites for you

SC Law Attorney :

Name Change of a Minor Child (Under 16 years of age)


A minor child's parent(s) or legal guardian may file an application to change the minor's name. However, the name of a minor child may not be changed without the consent of both parents (if living), unless no father is listed on the birth certificate and the child has not been legitimized by the father. If there is no father listed on the birth certificate, the child must be at least one year old to complete the name change and a Birth Certificate issued within 30 days of the name change request. (One can always request an updated Birth Certificate from Vital Records (Click here: http://vitalrecords.dhhs.state.nc.us/vr/index.html) If you are unable to obtain the consent of an absent parent, you will need to consult competent legal counsel to help you with the name change. Neither the ten (10) day Notice posting nor Affidavits of character are required for name changes of a minor child. Please bring the birth certificate and identification of the parents.


Other Name Changes


If you are not resuming a prior name but would still like your name or the name of your minor child changed, you must complete the appropriate forms available from the Special Proceedings Division.


Before a name change (PLEASE NOTE CHANGE means different than from what appears on your Birth Certificate) can be approved by the Clerk of Court, a notice must be posted for at least ten (10) days on the Courthouse bulletin boards located on the Ground floor (Parking/Salisbury Street level) indicating your intent to change your name, and you must demonstrate good and sufficient reason for the name change. You must also have at least two notarized affidavits demonstrating proof of your good character filed by citizens of the WAKE county who know you. You must also provide a criminal record check from each county that you have lived within the last ten (10) years.


NOTE SPECIAL INSTRUCTIONS FOR INDIVIDUALS 16 AND 17 YEARS OF AGE: To change the name of an individual 16 or 17 years of age, Affidavits of Character are required, but Notice is not required to be posted.


For more information on all name changes or to obtain the appropriate forms and more detailed instructions, you may visit the Special Proceedings Division on the 12th floor of the Wake County Courthouse. Please see Directions for our location and directions.


The appropriate forms are available online:




  • Name change forms (PDF)


SC Law Attorney :

IT LOOKS LIKE THEY MAY HAVE THEM FOR FREE THROUGH THE COUNTY COURTHOUSE. . .CLERK'S OFFICE


JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney