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My husband and I would like to petetion the court to change…

Customer Question
My husband and I would...
My husband and I would like to petetion the court to change the last name of my son. The father is overseas and nearly impossible to contact. I live in North Carolina and have been told that I would need to get his permission being that his name is XXXXX XXXXX Birth Caertificate; however he never signed the birth certificate, I had to go through the courts during child support attempts in order to have his name placed onthe birth certificate.
My question is - is there anyway I can have my son's last name changed without having to get his father's permission (the father hasn't seen or contacted him since my son was 3; my son is now 13). My son really wants his last name the same as me, his siblings and his step-father's.
please advise
Submitted: 8 years ago.Category: Legal
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Answered in 34 minutes by:
6/15/2010
Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,844
Experience: 30 years in civil, probate, real estate, elder law
Verified

Thanks for your question.You can file your petition here and serve the father.It is mandated by law.Then you go in front of the judge.Here is the law.

 

Carolina General Statutes 101-2. Procedure for changing name; petition; notice. A person who wishes, for good cause shown, to change his name must file his application before the clerk of the superior court of the county in which he lives, having first given 10 days' notice of the application by publication at the courthouse door. Applications to change the name of minor children may be filed by their parent or parents or guardian or next friend of such minor children, and such applications may be joined in the application for a change of name filed by their parent or parents: Provided nothing herein shall be construed to permit one parent to make such application on behalf of a minor child without the consent of the other parent of such minor child if both parents be 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 a 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. Provided, further, that a change of parentage or the addition of information relating to parentage on the birth certificate of any person shall be made pursuant to G.S.130A-118. Notwithstanding any other provisions of this section, the consent of a parent who has abandoned a minor child shall not be required if there is filed with the clerk a copy of an order of a court of competent jurisdiction adjudicating that such parent has abandoned such minor child. In the event that a court of competent jurisdiction has not therefore declared the minor child to be an abandoned child then on written notice of not less than 10 days to the parent allege to have abandoned the child, by registered or certified mail directed to such parent's last known address, the clerk of superior court is hereby authorized to determine whether an abandonment has taken place. If said parent denies that an abandonment has taken place, this issue of fact shall be determined as provided in G.S. 1-273, and if abandonment is determined, then the consent of said parent shall not be 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.(1891, c. 145; Rev., s. 2147; C.S., s. 2971; 1947, c. 115; 1953, c. 678; 1955, c. 951, s. 3; 1957, c. 1442; 1959, c. 1161, s. 7;1971, c. 444, s. 1; 1995, c. 509, s. 135.2 (f).)

North Carolina General Statutes 101-3. 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.(1891, c. 145; Rev., s. 2147; C.S., s. 2972; 1945, c. 37, s. 1;1957, c. 1233, s. 1.)

North Carolina General Statutes 101-4. Proof of good character to accompany petition. The applicant shall also file with said petition proof of his good character, which proof must be made by at least two citizens of the county who know his standing: Provided, however, proof of good character shall not be required when the application is for the change of name of a child under 16 years of age.(1891, c. 145; Rev., s. 2148; C.S., s. 2973; 1963, c. 206.)

North Carolina General Statutes 101-5. Clerk to order change; certificate and record. If the clerk thinks that good and sufficient reason exists for the change of name, it shall be his duty to issue an order changing the name of the applicant from his true name to the name sought to be adopted. Such order shall contain the true name, the county of birth, the date of birth, the full name of parents as shown on birth certificate, and the name sought to be adopted. He shall issue to the applicant a certificate under his hand and seal of office, stating the change made in the applicant's name, and shall also record said application and order on the docket of special proceedings in his court. He shall forward the order to the State Registrar of Vital Statistics on a form provided by him. If the applicant was born in North Carolina, the State Registrar shall note the change of name of the individual or individuals specified in the order on the birth certificate of that individual or those individuals and shall notify the register of deeds in the county of birth. If the applicant was born in another state of the United States, the State Registrar shall forward the notice of change of name to the registration office of the state of birth.(1891, c. 145; Rev., ss. 2149, 2150; C.S., s. 2974; 1955, c. 951,s. 4; 1957, c. 1233, s. 2; 1971, c. 444, s. 2.)

North Carolina General Statutes 101-6. Effect of change; only one change, except as provided. (a) When the order is made and the applicant's name changed, he is entitled to all the privileges and protection under his new name as he would have been under the old name. No person shall be allowed to change his name under this Chapter but once, except that he shall be permitted to resume his former name upon compliance with the requirements and procedure set forth in this Chapter for change of name, and except as provided in subsection (b) of this section. (b) For good cause shown, and upon compliance with the requirements and procedure set forth in this Chapter for change of name the name of a minor child may be changed not more than two times under this Chapter.(1891, c. 145; Rev., ss. 2147, 2149; C.S., s. 2975; 1945, c. 37,s. 2; 1991, c. 333, s. 1.)

North Carolina General Statutes 101-7. Recording name change. When the name of any individual, corporation, partnership, or association has been changed in a manner provided by law, any attorney licensed to practice law in this State may file an affidavit with the clerk of superior court stating facts concerning the change of name. The clerk shall cause the affidavit to be filed and indexed among the records of his office, pursuant to G.S. 7A-180 (3) and G.S.7A-343 (3). The clerk shall also forward a copy of the affidavit under the seal of his office to the clerk of superior court of any other county named in the affidavit where it shall also be filed and indexed in accordance with this section. Affidavits filed and indexed under this section are for informational purposes only and neither the affidavit nor the manner of its filing and indexing shall in any manner affect the rights or liabilities of any person.(1971, c. 592, s. 1.)

North Carolina General Statutes 101-8. Resumption of name by widow or widower. A person at any time after the person is widowed may, upon application to the clerk of court of the county in which the person resides setting forth the person's intention to do so, resume the use of her maiden name or the name of a prior deceased husband or of a previously divorced husband in the case of a widow, or his pre-marriage surname in the case of a widower. The application shall set forth the full name of the last spouse of the applicant, shall include a copy of the spouse's death certificate, and shall be signed by the applicant in the applicant's full name. The clerks of court of the several counties of this State shall record and index such applications in the manner required by the Administrative Office of the Courts. (1979, c. 768; 1981, c. 564, s. 2; 1993 (Reg. Sess., 1994).

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Customer reply replied 8 years ago
Relist: The awnser is a copy and paste of the exact same information that I found on website www.namechangelaw.com
I was looking for a more detailed instructional response with various options as oposed to the listed laws..
The awnser is a copy and paste of the exact same information that I found on website www.namechangelaw.com
I was looking for a more detailed instructional response with various options as oposed to the listed laws.
Lawyer: Ray, Lawyer replied 8 years ago
There are no options here other than termination and step parent adoption or name change.For either of these you have to serve the father here by statute.You would then set the matter 30 days after the father here has been served.I thought you wanted to petition for name change.The law sets out the process here and wht is required in your petition and that you must notify the father.The idea of the law here for name change is to tell you exactly what you have to do.

Petition to file by law.

Petition for Change of Name of Minor

State of North Carolina
County of ________________
Court _____________________________
Docket No. ________________________
Name of Petitioner(s):In re: Change of Name of Minor
_____________________________
_____________________________
From: _____________________________
To: _______________________________

Petitioner(s) makes (make) the following declaration:

1. Birth Date and Place: The minor was born on _______________________, 20____ in ________________________ [city], ________________________ [county], ________________________ [state]. A certified copy of the minor's birth certificate is attached to this petition.

2. Birth Name: The minor was named ____________________________________________ at birth, and as of the date of this petition, the minor has always been known by that name, with the following exceptions, if any:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
[list all legal names previously held].

3. Residence: The minor resides at _____________________________________________________________________________ [insert the minor's residential address] and has lived at this address for ________ [insert length of time in months or years at this address]. The Petitioner(s) resides (reside) at _____________________________________________________________________________ [insert residential address] and has (have) lived at this address for ________ [insert length of time in months or years at this address].

4. Minor's Parents: The father of the minor is named ______________________________________________, and he resides at _____________________________________________________________________________ [insert residential address of father]. The mother of the minor is named ______________________________________________, and she resides at _____________________________________________________________________________ [insert residential address of mother].

5. Reason for Name Change: Petitioner(s) seeks (seek) to change said minor's name to ______________________________________________ and offers (offer) the following reason(s) for seeking to do so:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.

6. Legal and Creditor Status: The minor does not have any outstanding judgments, has never been convicted of a crime, and is not involved in any pending legal actions.

7. Additional Declarations: In addition to the foregoing statements, the Petitioner(s) further declares (declare):
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
[insert additional declarations, if any].

NOW, THEREFORE, the Petitioner(s) requests (request) that the court order the minor's name changed as follows:

From: ____________________________________________
To: ______________________________________________


Verification (Petitioner #1)

I, _____________________________________________________________________________
_____________________________________________________________________________ [name of Petitioner], affirm under penalty of perjury that I am the (a) Petitioner in the foregoing Petition to Change Name of Minor and that all statements in this Petition are accurate to the best of my knowledge.

______________________________________________________________
Petitioner's SignatureDate


_____________________________________________
Petitioner's Address, Line 1

_____________________________________________
Petitioner's Address, Line 2


Verification (Petitioner #2, if any)

I, _____________________________________________________________________________
_____________________________________________________________________________ [name of Petitioner], affirm under penalty of perjury that I am the (a) Petitioner in the foregoing Petition to Change Name of Minor and that all statements in this Petition are accurate to the best of my knowledge.

______________________________________________________________
Petitioner's SignatureDate


_____________________________________________
Petitioner's Address, Line 1

_____________________________________________
Petitioner's Address, Line 2


Subscribed and sworn to before me on this ____ day of __________________, 20_____.


__________________________________
Notary

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 8 years ago
There are no options here other than termination and step parent adoption or name change.For either of these you have to serve the father here by statute.You would then set the matter 30 days after the father here has been served.I thought you wanted to petition for name change.The law sets out the process here and what is required in your petition and that you must notify the father.The idea of the law here for name change is to tell you exactly what you have to do.

Petition to file by law.

Petition for Change of Name of Minor

State of North Carolina
County of ________________
Court _____________________________
Docket No. ________________________
Name of Petitioner(s):In re: Change of Name of Minor
_____________________________
_____________________________
From: _____________________________
To: _______________________________

Petitioner(s) makes (make) the following declaration:

1. Birth Date and Place: The minor was born on _______________________, 20____ in ________________________ [city], ________________________ [county], ________________________ [state]. A certified copy of the minor's birth certificate is attached to this petition.

2. Birth Name: The minor was named ____________________________________________ at birth, and as of the date of this petition, the minor has always been known by that name, with the following exceptions, if any:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
[list all legal names previously held].

3. Residence: The minor resides at _____________________________________________________________________________ [insert the minor's residential address] and has lived at this address for ________ [insert length of time in months or years at this address]. The Petitioner(s) resides (reside) at _____________________________________________________________________________ [insert residential address] and has (have) lived at this address for ________ [insert length of time in months or years at this address].

4. Minor's Parents: The father of the minor is named ______________________________________________, and he resides at _____________________________________________________________________________ [insert residential address of father]. The mother of the minor is named ______________________________________________, and she resides at _____________________________________________________________________________ [insert residential address of mother].

5. Reason for Name Change: Petitioner(s) seeks (seek) to change said minor's name to ______________________________________________ and offers (offer) the following reason(s) for seeking to do so:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.

6. Legal and Creditor Status: The minor does not have any outstanding judgments, has never been convicted of a crime, and is not involved in any pending legal actions.

7. Additional Declarations: In addition to the foregoing statements, the Petitioner(s) further declares (declare):
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
[insert additional declarations, if any].

NOW, THEREFORE, the Petitioner(s) requests (request) that the court order the minor's name changed as follows:

From: ____________________________________________
To: ______________________________________________


Verification (Petitioner #1)

I, _____________________________________________________________________________
_____________________________________________________________________________ [name of Petitioner], affirm under penalty of perjury that I am the (a) Petitioner in the foregoing Petition to Change Name of Minor and that all statements in this Petition are accurate to the best of my knowledge.

______________________________________________________________
Petitioner's SignatureDate


_____________________________________________
Petitioner's Address, Line 1

_____________________________________________
Petitioner's Address, Line 2


Verification (Petitioner #2, if any)

I, _____________________________________________________________________________
_____________________________________________________________________________ [name of Petitioner], affirm under penalty of perjury that I am the (a) Petitioner in the foregoing Petition to Change Name of Minor and that all statements in this Petition are accurate to the best of my knowledge.

______________________________________________________________
Petitioner's SignatureDate


_____________________________________________
Petitioner's Address, Line 1

_____________________________________________
Petitioner's Address, Line 2


Subscribed and sworn to before me on this ____ day of __________________, 20_____.


__________________________________
Notary

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