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

a child. The law...
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.
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11/5/2017
jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 487
Experience: I am a licensed practicing attorney in Tampa, Florida.
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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!

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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.

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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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!

jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 487
Experience: I am a licensed practicing attorney in Tampa, Florida.
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Customer reply replied 1 month 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.

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

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