Name Change Codes by State

Name Change (2007)

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Summary:

This is not a substituted for legal advice. An attorney should be consulted for further information.

Extract:

Name Change Codes by State

Alabama Name Change Law

Section 26-11-3

Procedure for change of name of child upon petition by father generally; notification of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance of order by court; certification of minutes of court to Bureau of Vital Statistics, etc.

(a) The father may petition at the time of filing the declaration of legitimation or at any time subsequent to the determination of legitimation to change the name of such child, stating in his declaration the name it is then known by and the name he wishes it afterwards to have. Such petition shall be filed in the office of the judge of probate of the father's residence or the child's residence.

(b) Upon the filing of the petition for name change, notice shall be given to the child's mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's mother shall, within 30 days after receiving notice, file her objection or consent to the name change with the probate court. The probate court shall appoint a guardian ad litem to represent the child if the mother files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the mother's response or upon expiration of the time for her response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether the name change is in the best interest of the child. The court shall issue an order of name change or denial of name change.

Upon change of the name of the child, a certified copy of the minutes of the court shall be sent by the judge of probate to the Bureau of Vital Statistics, State Board of Health and to the Registrar of Vital Statistics of the county where the petition was filed within 30 days after the minutes are recorded.

(Code 1852, §2010; Code 1867, §2406; Code 1876, §2744; Code 1886, §2366; Code 1896, §366; Code 1907, §5201; Code 1923, §9301; Code 1940, T. 27, §12; Acts 1981, No. 81-800, p. 1407, §2.)

Section 30-2-11

Wife may be enjoined from use of given name or initials of divorced husband.

After divorce from the bonds of matrimony and within the discretion of the circuit court of the county in which the divorced wife resides and upon application of any interested party, the divorced wife may be enjoined from the use of the given name or initials of the divorced husband.

(Acts 1961, Ex. Sess., No. 65, p. 1942; Acts 1961, Ex. Sess., No. 284, p. 2330.)

Alaska Name Change Law

Chapter 09.55. SPECIAL ACTIONS AND PROCEEDINGS

Article 01. CHANGE OF NAME

Sec. 09.55.010. Jurisdiction in action for change of name.

A person may bring an action for change of name in the superior court. A change of name of a person may not be made unless the court finds sufficient reasons for the change and also finds it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.

Arizona Name Change Law

12-601. Application; venue; judgment

A. When a person desires to change his name and to adopt another name, he may file an application in the superior court in the county of his residence, setting forth reasons for the change of name and the name he wishes to adopt. The court may enter judgment that the adopted name of the party be substituted for the original name.

B. The parent, guardian ad litem or next friend of a minor may file an application for change of the name of the minor in the county of the minor's residence. The court shall consider the best interests of the child in determining whether to enter judgment that the name of the minor be changed. 12-601

12-602. Notice of application; effect of change on rights and obligations

A. If upon the filing of the application for change of name the court deems it proper that notice be given, it may order that notice of the application be given by publication or by service upon any party interested.

B. The change of name shall not operate to release the person from any obligations which he has incurred or is under by the original name, or defeat or destroy any rights of property or action which he had in his original name. 12-602

Arkansas Name Change Law

§ 9-2-101. Procedure.

(a) Upon the application of any person within the jurisdiction of the courts, the chancery and circuit courts shall have power, upon good reasons shown, to alter or change the name of the person.

(b) When application is made to the courts under this section, it shall be by petition, in writing, embodying the reasons for the application.

(c)(1) When allowed, the petition shall, by order of the court, be spread upon the record, together with the decree of the court.

(2) An appropriate order, as prescribed in this subsection, may be made by a chancellor or circuit judge in vac...

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