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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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my son of carries his mothers last name. He is 12 years old

Resolved Question:

my son of carries his mothers last name. He is 12 years old and I have had legal custody of him since he was 2 yrs. old. I would what I need to do to change his last name to mine
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
This is a relatively simple process. Here is the statute that governs name changes:

Louisiana Name Change Law

PART IV. CHANGE OF NAME

§4751. Petition for name change; adults; minors

A. The name of a person may be changed as provided in this Section.

B. Whenever any person who has attained the age of majority desires to change his name, he shall present a petition to the district court of the parish of his residence or, in the case of a person incarcerated in a penal institution, to the district court of the parish in which he was sentenced, setting forth the reasons for the desired change.

C. If the person desiring such change is a minor or if the parents or parent or the tutor of the minor desire to change the name of the minor:

(1) The petition shall be signed by the father and mother of the minor or by the survivor in case one of them be dead.

(2) If one parent has been granted custody of the minor by a court of competent jurisdiction, the consent of the other parent is not necessary if the other parent has been served with a copy of the petition and any of the following exists:

(a) The other parent has refused or failed to comply with a court order of support for a period of one year.

(b) The other parent has failed to support the child for a period of three years after judgment awarding custody to the parent signing the petition.

(c) The other parent is not paying support and has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of two years.

(d) The other parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of ten years.

(3) In case the minor has no father or mother living, the petition shall be signed by the tutor or tutrix of the minor and in default of any tutor or tutrix, shall be signed by a special tutor appointed by the judge for that purpose.

(4) The petition may be signed by either the mother or the father acting alone if a child has been given a surname which is different from that authorized in R.S. 40:34(B)(1)(a).

D.(1) A person who has been convicted of a felony shall not be entitled to petition for a change of name under the provisions of this Section until his sentence has been satisfied. This Subsection shall apply whether the offender is actually imprisoned or on probation or parole.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection or any other provision of law to the contrary, a person convicted of any felony enumerated in R.S. 14:2(13) shall not be entitled to petition for a change of name.

Amended by Acts 1972, No. 768,§ 4; Acts 1978, No. 455,§ 1; Acts 1986, No. 269,§ 1; Acts 1988, No. 421,§ 1; Acts 1991, No. 673,§ 1; Acts 1993, No. 740,§ 2; Acts 1995, No. 201,§ 1; Acts 1995, No. 493,§ 1; Acts 1999, No. 790,§ 2.

All you have to do is contact the local court, ask to speak to the county clerk, and request a Name Change Form. State that you are filing this "pro se" and request assistance. The court clerk should be able to assist you.

Sincerely,

Dimitry Alexander Kaplun, Esq.

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