South Carolina Petition for Name Change and Amendment of Birth Certificate - Minor, Family
Description
Key Concepts & Definitions
Petition for Name Change and Amendment of Birth: This refers to the legal process required to change one's name and update their birth certificate in the United States. This often involves obtaining a court order, filing paperwork with various registries and agencies, such as vital records and social security offices.
Step-by-Step Guide
- Determine the Type of Name Change: This can be due to marriage, divorce, personal choice, or correcting a name on a birth certificate.
- File a Petition: Obtain and complete the necessary forms from your local courthouse to file a petition for a name change.
- Notify the Public: Some states require that you publish your intent to change your name in a local newspaper.
- Obtain a Court Order: Attend the court hearing, if necessary, and receive a court order for the name change.
- Update Your Birth Certificate: Provide the court order and a certified copy of your birth certificate to the vital records office to amend your birth certificate.
- Notify Relevant Agencies: Update your name with the social security office, DMV, and other entities that hold your records.
Risk Analysis
- Legal Risks: If not done correctly, or if the proper agencies are not notified, you may face legal inconsistencies.
- Privacy Risks: Publishing your intention in a newspaper might expose you to unwanted attention or risk.
- Financial Costs: Costs can mount from legal fees, publication costs, and possible fees for new documents like passports and a driver's license.
FAQ
- How long does it take to process a name change? It usually takes 2-3 months, depending on the state and the courts workload.
- Do I need a lawyer for a name change? While not necessary, consulting a legal professional can help ensure all legal requirements are met.
- Can the name change process differ by state? Yes, the requirements and process differ from state to state, including the cost and whether a public announcement is necessary.
Best Practices
- Consult with legal experts: To ensure all steps are correctly followed.
- Keep records: Maintain copies of all documents and court orders related to the name change process.
- Plan Ahead: Start the process well before you need your new name on documents, especially if planning to travel.
Common Mistakes & How to Avoid Them
- Not notifying all agencies: Ensure that all places where your old name was on record are updated to your new name.
- Using non-certified copies: Always use certified copies of legal documents when submitting name change requests.
- Underestimating timeframes: Start early as some processes may take longer than anticipated.
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FAQ
You may change a birth certificate with South Carolina Department of Health and Environmental Control (DHEC) or through a court hearing. Try to make the change through DHEC because the process is easier and costs less. DHEC needs lots of information to make the changes.
No, you cannot have your parents' names removed from your birth certificate; it's a vital record and a historical record no matter how unhappy you may be about your parents. If you wish to cease all contact with your parents and break away completely from the family, you could consider legally changing your name.
If one parent will not agree to have a child's name changed, the other parent can file papers to request the change. The non-consenting parent must be served with copies of the name change papers and given a chance to object. A judge may or may not grant a child's name change without the other parent's consent.
Once you have received the results from SLED and the DSS, bring them to your local family court along with the Petition, both Affidavits, the Request for Hearing, a copy of your original birth certificate, and the $150 filing fee.
Request a certified copy of the child's birth certificate with photo ID. Notify DHEC staff that you would like to have a father added to the birth certificate.
You may change a birth certificate with South Carolina Department of Health and Environmental Control (DHEC) or through a court hearing. Try to make the change through DHEC because the process is easier and costs less. DHEC needs lots of information to make the changes.
The parent files a petition with the county court requesting the name change. Pay the filing fee. Include the other parent as a party to the case. A guardian ad litum will be appointed by the court. The guardian will submit their report and recommendation to the court.
The parent files a petition with the county court requesting the name change. Pay the filing fee. Include the other parent as a party to the case. A guardian ad litum will be appointed by the court. The guardian will submit their report and recommendation to the court.