This is a Name Change Package for a minor in your state. This package contains (1) State Specific Information on Change of Name, (2) Steps to Change your Name, (3) Forms Required and (4) Access to State Specific Law Summary. Your Satisfaction is Guaranteed or Your Money Back!
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The consent of each person with parental responsibility is required in order to change the name of a child who is under the age of 16.Official documents and records can be changed to the new name once the deed poll process has been completed.
Can You Change Your Child Last Name Without Father Consent? Yes you can. Unfortunately, a father is often not in the picture when a child is growing up. Sometimes a mother drops out of a child's life and the same thing is true for the father.
Social Security Administration. Department of Motor Vehicles. Passport Office. Post Office. IRS. Voter Registration. Banks and other financial institutions. Credit Card companies (or issuers)
Both legal parents have the right to name a child or to request a name change. However, one parent can't change a child's name without the approval of the other parent. Thus, if the mother doesn't approve, then the father requesting the name change must file a petition with the court for a decision.
After testifying before the judge, and your name change has been approved, you'll receive a court order which you'll use to change your name on all of your documents. Total cost can range from $160 to $300 if filing yourself, or $500 to $1000 if using a lawyer.
Any adult wishing to change a child's or children's name(s) may file a Petition in the district court in the county in which the adult and minor child(ren) reside so long as the adult and minor child(ren) have been bona fide residents of that county for at least one (1) year before filing the Petition for a name change
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. The easiest way to convince a judge is to point to the factors put forth in state laws that support the request.
Both parents must applyBoth parents named on the child's birth certificate must apply to change their child's name.
You probably expect to need to update your Social Security information and your credit cards, but there are plenty of other people who need to know about your new name as well. "A name change can have an impact on your taxes. All the names on your tax return must match Social Security Administration records.
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in Nebraska, but does include basic and other provisions.
Name Change Action Allowed: In Nebraska, a person may change their name by filing an action in the District court with appropriate forms.
Who is an adult? A person who has attained the age of 19 years is considered an adult. Also, a person arrives at the age of majority upon being married according to law.
Who is a minor? A person who has not attained the age of 19 years is considered a minor. Also, a person arrives at the age of majority upon being married according to law.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find compliance with the requirements of the law and that the requested name change is consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
Must the child agree to the name change? No, but the court may consider the wishes of a child old enough to express their wishes in considering whether to grant the Petition.
Must the parent(s) of the minor agree to the name change? The parents, and legal guardian, if any, must be given notice of the Petition. They may then lodge their objections or approval with the District Court.
Requirements for Name Change Order: For an order of name change to be granted, the court must find that the allegations in the Petition are true, that proper and reasonable cause for the change is present, compliance with the notice requirements of the law, and that the change is consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes.
Who must be provided notice of the Petition? The General Public by way of publication in a newspaper of general circulation published in the county in which the Petitioner resides.
Can individuals object to the Petition for Name Change? Yes. Any reasonable objections made to the court may influence the court's findings as to whether there are proper and reasonable cause for the change and that the change of name is consistent with the public interest.
Procedures:
The process for obtaining a name change for an adult in the State of Nebraska begins with the filing of a Petition with the District Court in the jurisdiction in which Petitioner resides. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, and the reasons for the requested change of name.
After the Petition is filed and the required fee is paid, the Petitioner is required to give public notice of the relief requested in a local newspaper. The notice must be published once each week for four calendar weeks.
After publication is complete, the Petitioner must submit proof of publication to the Clerk of the Court. This is done by filing an affidavit provided by the newspaper verifying publication. The affidavit is attached to a copy of the published notice and filed with the Clerk.
After publication of notice, if the court is satisfied as to the truth of the allegations contained in the Petition, that proper notice has been published, and that there exists proper and reaonsble cuase for the name change, it is the duty of the District Court to issue and Order authorizing the change of name.
Additonal Information and Instructions
Statutes:
Change of name; authority of district court:
The district court shall have authority to change the names of persons, towns, villages and cities within this state. [Neb. Rev. Stats. Chapter 25 Courts; Civil Procedure, Sec. 25-21,270.]
Annotations:
Whether a minor child's surname may be changed depends on, and is determined by, the best interests of the child. Factors to be considered are (1) the misconduct by one of the child's parents, (2) a parent's failure to support the child, (3) parental failure to maintain contact with the child, (4) the length of time that a surname has been used for or by the child, and (5) whether the child's surname is different from the surname of the child's custodial parent. Additionally, a court may consider the child's reasonable preference for a surname; the effect of the name change on the child's relationship with each parent; community respect associated with the surname; the difficulties, harassment, or embarrassment associated with either the present or proposed surname; and the identification of the child as part of the family unit. In re Change of Name of Andrews, 235 Neb. 170, 454 N.W. 2d 488 (1990).
Change of name of minor child granted only when the substantial welfare of the child requires the change. Spatz v. Spatz, 199 Neb. 332, 258 N.W. 2d 814 (1977).
Decree is not a matter of right, but of judicial discretion, and evidence must be produced that there is sufficient and reasonable cause for change of name. In re Taminosian, 97 Neb. 514, 150 N.W. 824 (1915). [Neb. Rev. Stats. Chapter 61 Courts; Civil Procedure, Sec. 61-101]
Change of name; persons; procedure:
(1) Any person desiring to change his or her name may file a petition in the district court of the county in which such person may be a resident, setting forth (a) that the petitioner has been a bona fide citizen of such county for at least one year prior to the filing of the petition, (b) the cause for which the change of petitioner's name is sought, and (c) the name asked for.Change of name; town, village, or city; procedure
(1) Whenever it may be desirable to change the name of any town, village, or city in any county of the state, a petition for that purpose may, in like manner, be filed in the district court of such county, signed by a majority of the legal voters of such town, village, or city, setting forth the cause why such change is desirable and the name desired to be substituted.Change of name; effect; costs; how taxed:
All proceedings under sections 25-21,270 to 25-21,272 shall be at the cost of the petitioner or petitioners, for which fee-bill or execution may issue as in civil cases. Any change of names under the provisions of said sections, shall not in any manner affect or alter any right of action, legal process or property. [Neb. Rev. Stats. Chapter 25 Courts; Civil Procedure, Sec.25-21,273.]Other Name Change References
Persons declared minors; marriage, effect:
All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends. [Neb. Rev. Stats. Chapter 43, Sec.43-2101.]Cross Reference:
Juvenile committed under Nebraska Juvenile Code,marriage under age of nineteen years does not make juvenile age of majority, see section 43-289.Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in Nebraska, but does include basic and other provisions.
Name Change Action Allowed: In Nebraska, a person may change their name by filing an action in the District court with appropriate forms.
Who is an adult? A person who has attained the age of 19 years is considered an adult. Also, a person arrives at the age of majority upon being married according to law.
Who is a minor? A person who has not attained the age of 19 years is considered a minor. Also, a person arrives at the age of majority upon being married according to law.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find compliance with the requirements of the law and that the requested name change is consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
Must the child agree to the name change? No, but the court may consider the wishes of a child old enough to express their wishes in considering whether to grant the Petition.
Must the parent(s) of the minor agree to the name change? The parents, and legal guardian, if any, must be given notice of the Petition. They may then lodge their objections or approval with the District Court.
Requirements for Name Change Order: For an order of name change to be granted, the court must find that the allegations in the Petition are true, that proper and reasonable cause for the change is present, compliance with the notice requirements of the law, and that the change is consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes.
Who must be provided notice of the Petition? The General Public by way of publication in a newspaper of general circulation published in the county in which the Petitioner resides.
Can individuals object to the Petition for Name Change? Yes. Any reasonable objections made to the court may influence the court's findings as to whether there are proper and reasonable cause for the change and that the change of name is consistent with the public interest.
Procedures:
The process for obtaining a name change for an adult in the State of Nebraska begins with the filing of a Petition with the District Court in the jurisdiction in which Petitioner resides. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, and the reasons for the requested change of name.
After the Petition is filed and the required fee is paid, the Petitioner is required to give public notice of the relief requested in a local newspaper. The notice must be published once each week for four calendar weeks.
After publication is complete, the Petitioner must submit proof of publication to the Clerk of the Court. This is done by filing an affidavit provided by the newspaper verifying publication. The affidavit is attached to a copy of the published notice and filed with the Clerk.
After publication of notice, if the court is satisfied as to the truth of the allegations contained in the Petition, that proper notice has been published, and that there exists proper and reaonsble cuase for the name change, it is the duty of the District Court to issue and Order authorizing the change of name.
Additonal Information and Instructions
Statutes:
Change of name; authority of district court:
The district court shall have authority to change the names of persons, towns, villages and cities within this state. [Neb. Rev. Stats. Chapter 25 Courts; Civil Procedure, Sec. 25-21,270.]
Annotations:
Whether a minor child's surname may be changed depends on, and is determined by, the best interests of the child. Factors to be considered are (1) the misconduct by one of the child's parents, (2) a parent's failure to support the child, (3) parental failure to maintain contact with the child, (4) the length of time that a surname has been used for or by the child, and (5) whether the child's surname is different from the surname of the child's custodial parent. Additionally, a court may consider the child's reasonable preference for a surname; the effect of the name change on the child's relationship with each parent; community respect associated with the surname; the difficulties, harassment, or embarrassment associated with either the present or proposed surname; and the identification of the child as part of the family unit. In re Change of Name of Andrews, 235 Neb. 170, 454 N.W. 2d 488 (1990).
Change of name of minor child granted only when the substantial welfare of the child requires the change. Spatz v. Spatz, 199 Neb. 332, 258 N.W. 2d 814 (1977).
Decree is not a matter of right, but of judicial discretion, and evidence must be produced that there is sufficient and reasonable cause for change of name. In re Taminosian, 97 Neb. 514, 150 N.W. 824 (1915). [Neb. Rev. Stats. Chapter 61 Courts; Civil Procedure, Sec. 61-101]
Change of name; persons; procedure:
(1) Any person desiring to change his or her name may file a petition in the district court of the county in which such person may be a resident, setting forth (a) that the petitioner has been a bona fide citizen of such county for at least one year prior to the filing of the petition, (b) the cause for which the change of petitioner's name is sought, and (c) the name asked for.Change of name; town, village, or city; procedure
(1) Whenever it may be desirable to change the name of any town, village, or city in any county of the state, a petition for that purpose may, in like manner, be filed in the district court of such county, signed by a majority of the legal voters of such town, village, or city, setting forth the cause why such change is desirable and the name desired to be substituted.Change of name; effect; costs; how taxed:
All proceedings under sections 25-21,270 to 25-21,272 shall be at the cost of the petitioner or petitioners, for which fee-bill or execution may issue as in civil cases. Any change of names under the provisions of said sections, shall not in any manner affect or alter any right of action, legal process or property. [Neb. Rev. Stats. Chapter 25 Courts; Civil Procedure, Sec.25-21,273.]Other Name Change References
Persons declared minors; marriage, effect:
All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends. [Neb. Rev. Stats. Chapter 43, Sec.43-2101.]Cross Reference:
Juvenile committed under Nebraska Juvenile Code,marriage under age of nineteen years does not make juvenile age of majority, see section 43-289.