Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question about a court order for a name change for…

I have a question about...
I have a question about a court order for a name change for a child. The law says: As with adults, the change of name of a minor is conditioned upon proper publication. Upon receipt of the judgment, the petitioner must make public notice of the name change at least once a week for three consecutive weeks in a newspaper of general circulation in the county in which the minor(s) live. In addition, proof of said notice must be filed in the Office of the Circuit Clerk (in some courts this is the Court Administrator’s Office) within 10 days after the date of the last publication.My question is what happens if this doesn't get done? If the parents went to court because one parent didn't want the name change and the judge ordered the name to be changed, does the petitioning parent have to post that the name is ***** ***** changed based on the court order? This occurred in St. Louis County, Missouri.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
11/5/2017
Jessica B
Category: Family Law
Satisfied Customers: 1,828
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

Ask Your Own Family Law Question

According to Missouri Statutes, publication must be made and if not then the name change may be deemed invalid. You would also be in violation of a court order. In order to successfully change the name of a minor child, publication must be made.

Ask Your Own Family Law Question
Customer reply replied 9 months ago
My question is what can be done to prevent the name change from occurring if the publication hasn't been made? In this case, we don't want the name to be changed.

Ok, since there is a court order in place, you need to make a motion to vacate the order. You will have to go before the judge who signed the court order and state you no longer want the name change and that publication was not completed. The judge will then vacate the order, and basically invalidate it.

Ask Your Own Family Law Question
Customer reply replied 9 months ago
Can the judge decide not to vacate the order?

Sometimes a hearing is not required, it really depends on the judge. If no one objects to the order being vacated then there should not be a problem.

Ask Your Own Family Law Question
Customer reply replied 9 months ago
The father will object because he is the one that petitioned for the name change and the judge is the one who ordered it.

If both parents agree the judge is not going to make you change the minor's name.

Ask Your Own Family Law Question
Customer reply replied 9 months ago
Both parents don't agree. They went to court to fight about it.

Then a hearing will be required to vacate the order. You will want to state to the judge that the statute and court order was not followed because publication was never completed and therefore the order should be vacated.

Ask Your Own Family Law Question
Customer reply replied 9 months ago
Ok, thank you.

No problem! Please let me know if there is anything I can help with in the future. Please remember to rate my service. Thank you!

Jessica B
Category: Family Law
Satisfied Customers: 1,828
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 months ago
Do you know how long that we would have to ask the judge to vacate the order?

Depends on how quickly you can get a hearing. Usually less than 30 days.

Ask Your Own Family Law Question

Please let me know if you have an additional question. If not please rate my answer. Thank you!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jessica B Your Own Question
Jessica B
Jessica B
Jessica B
Category: Family Law
Satisfied Customers: 1,828
1,828 Satisfied Customers
Experience: Attorney at Donald B. Linsky & Associates, PA

Jessica B is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I have a question regarding my name change. I want to remove
Hi there, I have a question regarding my name change. I want to remove my last name from my name. Please advise what is the process, how long it take and the amount it costs approximately? Thank you i… read more
Jessica B
Jessica B
Juris Doctor
1,828 satisfied customers
If i was given permanent guardian to a child that was in my
if i was given permanent guardian to a child that was in my foster home, and the parents are TPR, can i change the childs name? … read more
KLAW
KLAW
Juris Doctorate
2,386 satisfied customers
I was wondering how i will get help from your company with
Hi i was wondering how i will get help from your company with putting this divorce in the news paper in the country Fiji to have my husband served … read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
My husband is trying to get a copy of his birth certificate
My husband is trying to get a copy of his birth certificate at the New Mexico vital records office. He had a name change when he got divorced and was told that they would not accept his official stamp… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
My children live in another state. I have them for 2 weeks
My children live in another state. I have them for 2 weeks and I suspect they are physically being abuse. What can I do … read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
I need clarification on a Default divorce. My wife has been
I need clarification on a Default divorce. My wife has been gone for 6 weeks. We have no clue where she is. She talks to my daughters thru facebook but will not say where she is or how we can serve he… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
In WI, do I have the right to petition support even without
In WI, do I have the right to petition for financial support even without divorce? Also, how can I locate him?… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,197 satisfied customers
I want to add my child's father to a birth certificate. The
I want to add my child's father to a birth certificate. The child is now 2 hrs old. Both parents consent to a Dna testing and have both copies or the results. The birth certificate is left blank. Do I… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My son is 16 now can he go into family court request before
My son is 16 now can he go into family court request before judge to get his name changed back and to give his birth father shared custody of him… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
I need to serve my spouse divorce papers but he moved out of
I need to serve my spouse divorce papers but he moved out of the house December 2011. He recently lost his job and will not tell me where he is staying...how do I serve him divorce papers if I do not … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
I petitioned the Orphans court of Pennsylvania to change the
I petitioned the Orphans court of Pennsylvania to change the spelling of my name on my marraige certificate. After being marriage I legally changed the spelling and my wife would like to change her na… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
I have a 53 year old brother who had a stroke a month ago.
I have a 53 year old brother who had a stroke a month ago. He is recovering, but it looks like it could easily be a year or more before he is able to take care of himself. The social worker at the hos… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
how long does a notice need to be run in the newspaper for
how long does a notice need to be run in the newspaper for notice by publication in a divorce case? Also does it have to be in the county the person asking for divorce is in or the county of the last … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I would like to know what I need to do to change my daughters
I would like to know what I need to do to change my daughters last name to my married name. She currently has my maiden name and there is no father listed on her birth certificate. I am currently in F… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
changing my childs last name with no fathers name on birth
changing my childs last name with no fathers name on birth certif i wont to change it to my last name… read more
JaxLaw
JaxLaw
Associate Attorney
Doctoral Degree
1,722 satisfied customers
I am taking tempory custody of a minor child. Parents are
I am taking tempory custody of a minor child. Parents are divorsed and mom has sole custody of said minor child. The child was kick out of his home due to his sexual preference. Mom agreed for child t… read more
AttyKLG
AttyKLG
JD (law degree)
75 satisfied customers
how can a 17 year old get married and leave the state of ...
how can a 17 year old get married and leave the state of Arkansas? parents kicked her out, she lives with friends that will let her stay. she has own job. wants to get married and move to st louis and… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
My son does not have his fathers last name on his birth
My son does not have his fathers last name on his birth certificate. The father has established paternity through the court in Pennsylvania and now that father wants to add his last name to the birth … read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x