Sunday, February 4, 2007

How to change your name

Every once in a while someone wants to know how to change their name or their child's name. Adults can change their name with fair ease. Only incarcerated persons cannot change their names. (IC 34-28-2-1.5) The Indiana Judicial Center posted a self-service form for adults here. If you want to save a few dollars, then you might want to try this yourself. I know that I do not charge much for this type of case and I think you might be surprised at the cost.

However, changing a minor child's name is trickier. A minor child being any under child under eighteen (18 years) of age. Here is the statute - notice that it requires the consent of the other parent except in certain circumstance:

IC 34-28-2-2
Filing petition; procedure for change of name of minor
Sec. 2. (a) The petition described in section (1) of this chapter may be filed with the circuit court of the county in which the person resides.
(b) In the case of a parent or guardian who wishes to change the name of a minor child, the petition must be verified, and it must state in detail the reason the change is requested. In addition, except where a parent's consent is not required under IC 31-19-9, the written consent of a parent, or the written consent of the guardian if both parents are dead, must be filed with the petition.
(c) Before a minor child's name may be changed, the parents or guardian of the child must be served with a copy of the petition as required by the Indiana trial rules.
As added by P.L.1-1998, SEC.24.
I really do think an attorney needs to handle these type of cases.