But he did add to it. The easiest way to convince a judge is to point to the factors put forth in state laws that support the request. When a mother marries a man who is not her child’s father and decides to take his surname, she often wants her child to take her new last name. Obtaining a legal name change in court does not automatically change the name on your birth record. If a change of name is approved, the new name as indicated on the legal change of name document will be recorded as the primary name in IRCC’s system of record and will be the name that appears on any new document(s) issued by IRCC. Legal Name Change. This is the form the judge signs to grant the child's name change. Here are some reasons why a parent might pursue a minor name change after birth. The easiest way to convince a judge is to point to the factors put forth in state laws that support the request. Lawyers suggest beginning with your strongest argument and sticking to the reasons that have a factual basis without clouding your presentation with irrelevant statements. Some courts might appoint a guardian ad litem, who is a lawyer or trained volunteer who represents the child, and judges will give weight to this person's opinion. A parent who wishes to seek a minor name change will have to work with the court system. Most states and judges require that both parents agree before they will change a child's name. To change a child’s name, you must start a separate case in district court. The general consensus is that a child should have the same name as the family he lives with. If the father and mother agree to the name change, the court will usually hold a hearing to confirm that the child wants his name changed, and the name change will be approved. To add to his cruelty, he told her that their first child (me) had been named by him after this other woman. In a closed or open adoption, the child enters the home bearing the last name of either their birth mother or birth father. A child’s legal name can only be changed via deed poll or through a change of the child’s birth certificate in certain circumstances (see ‘Changing a child’s name via … Often if one of the childâs parents is absent from the childâs life, the child will not have a strong connection to the name and hence, the child may request a name change of his/her own accord.  A judge would decide whether or not to grant a childâs request. To argue for the name change of a minor child, you must address the factors considered by the court. To register a change of name for your child (under 18 years) both parents must complete the application. When a family adopts a child, changing the child's last name to match that of the family just makes sense. 1. A father who might have been absent for a child's earlier years might return to a child's life and develop a strong bond with the child. She has edited several books and her work has been published in The Knoxville News-Sentinel, The Springfield Daily News, The Georgetown Times and Natural Awakenings magazine. Terminating Visitation Due to Incarceration, How to Change a Baby's Last Name in Tennessee, Northwestern Legal Services: Name Change in Pennsylvania for Minor Children, Florida Bar Journal: Determining the Best Interest of the Child: The Resolution of Name Disputes in Paternity Actions, Nina E. Kallen: Oral Arguments: Tips and a Tale, Rhode Island Divorce, Child Custody & Family Law Info Center: RI Paternity and Custody: Name Change of Child, Marital Litigation in South Carolina: Roy T. Stuckey. How do I change my name by court order? The county you live in. You must clearly present reasons to the court in a written petition, oral arguments or both. The age and ability of the child to understand the significance of changing his or her name. There are various reasons for requesting a name change. You don't need to have any kind of valid reason to change your name, so long as it is not for any fraudulent purpose, such as avoiding paying a debt or fulfilling an obligation — you are free to change your name at any time. Changing your child's name is a significant personal choice for you and your child. Some lawyers advise limiting your arguments to the three strongest points, while addressing issues that might contradict your case in a factual manner. The degree of respect associated with the current and proposed names also can be a factor. The child had the surname of the father (Pappel) and the mother applied to have the child’s name changed to her new husband’s last name (Bergen). A parent may prefer to change a child's name sometime after the birth certificate and records have been filed. Note a change of name in a birth or adoption register . In that case, the father proved that it would not be in the child’s best interests to have a complete change of last name. Judges will consider whether a child could suffer embarrassment by having a different name from the rest of his family. The most common reasons for name changes include marriage or divorce. Changing your family name after marriage, separation or divorce. For school, single mom’s want to have their child’s last name be the same as their own last name Safety and protection concerns might justify a change of a child's name. Consult with the child's other parent. Perhaps they'd prefer something more unique than Britney or Ashley or something less unique than a homespun name that combined parents' names. However, if either parent objects to the name change, the court will try the case to determine whether the name change is in the child's best interest. Parents may seek a minor name change for their child for a variety of reasons. You will still have all the same legal responsibilities and obligations; you will simply be known by a different name. Find out what you need to do to have your new married name recognised or change your name back to your previous name. Do Minors Need Parental Permission Under the Pennsylvania Name Change Laws? Some other fairly common reasons include: Taking the natural father's name (e.g., after being born out of wedlock or adopted). You must: 1. It must state all of these: Your current legal name and the name you want. Valerie Stevens is a professional writer and editor based in the Carolinas. A pseudonym is a name used in addition to the original or true name. The name change process varies from state to state. The specific guidelines courts take into consideration vary from state to state, but the overriding factor in determining the best interest of the child is determining what fosters the natural bond between the child and his parents and maintains family unity. The key to making an argument to change a child’s name is to present the legal reasons for the change and show a judge that it is in the best interests of the child. If a child is adopted, an adoptive parent will probably want to change the child's name to his/her own family name. While courts will consider the wishes of a child who is of the age and maturity to establish a legitimate preference, many judges give the wishes of the parents more weight. Their new name has to consist of one surname and one or more other names. Stevens holds degrees in journalism and paralegal studies. You must clearly present reasons to the court in a written petition, oral arguments or both. Debrina Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues. Here are some of the most popular reasons people decide to change their names. After finalizing the adoption, the last name of the child is legally changed to match that of the adopting family. However typical reasons people change their name … At a hearing on the petition, the mother testified that during her pregnancy, she and the father “discussed” the child having both parties’ last names. Child's Consent to Child's Name Change (pdf) Child's Consent to Child's Name Change (pdf fillable) Order for Child's Name Change - required. The key to making an argument to change a childâs name is to present the legal reasons for the change and show a judge that it is in the best interests of the child. For example, if a child is known by the surname of a father who has been convicted of serious crimes, the argument can be made that the child would be better off using another name. For example it might be difficult to convince a judge to change the name of a 15-year-old unless his best interest clearly would be served by the change. Name change after marriage, separation or divorce. I’d thought about it for a long time, having always disliked my given name. A child’s legal name will be the name on their birth certificate which is used for legal, administrative and official purposes. Depending on how the birth parent and t… The length of time a child has used a certain name also factors into his identity within the community. I changed my name as fast as I legally could.” ― Brooke C. Because I Was Sick Of Being Teased About My ‘Hippie’ Name “I changed my first name when I was over 40 years old. 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