Can I Change My Babys Last Name Without Biological Fathers Approval

If one parent volition not agree to have a child's proper noun changed, the other parent tin can file papers to request the change.  The non-consenting parent must be served with copies of the name alter papers and given a risk to object. A approximate may or may non grant a kid's name change without the other parent'south consent.  Read on for more information well-nigh how to petition for a kid's name change when but one parent is asking for the proper name change.

FYI!

If you were served with paperwork showing the other parent wants to modify a kid'due south proper name and yous disagree, you can file an "Objection" to the proposed name change.  This must be filed within 10 business days of when you lot receive the paperwork.  You tin can discover the instructions and forms needed to practice this in the Objection Packet.

 Before you begin:

• Is this page for me?This page is for parents of child residents of Clark County, Nevada, who want to ask for a proper name modify for their child, but the other parent will not concur.  Typically, both parents must hold to take a child's name inverse.  Withal, one parent can ask for a name modify and serve the other parent with the name change papers to see if the other parent will object.
  
• What if the other parent will concord and sign? Follow the instructions for Name Changes When Parents Agree.
• What if the other parent is deceased or their rights were terminated by a court?Follow the instructions for Name Changes When Parents Concur.
  
• Do I have to involve the other parent?  Yes.You cannot avoid notifying a parent virtually a child'due south proposed name change merely because the parent is not involved in the child's life or the parent's location is unknown. You will accept to search for the parent and brand sure they are served with the name change papers after filing. You may have to go permission to publish a observe in a newspaper if you cannot find them to serve them in person.  A judge may grant the proper noun change without the other parent's consent, but the other parent does have a right to know almost the proposed name change and object if he/she does not agree.
  
• What laws employ? Acquire the basics of the laws that apply to name changes in the Name Change Overview.
  

Follow these steps to file for a child name modify:

 1. Fill out the forms.  There are several forms you will have to fill out and sign.

 2. File the forms.  Turn in your completed forms to the Clerk of Court past mail or efiling.

 3. Serve the other parent.  The other parent must be served with a copy of all the papers you filed.

4. Ready a hearing with the Approximate.   The judge will want a short hearing with y'all earlier blessing the proper name alter.

Learn more nigh each step below.

Caution!

Some judges take dissimilar requirements than those explained below .  If you accept questions, contact the judge's staff to observe out what the judge assigned to your instance requires.  Always follow the estimate'due south directions if they are different from those given here.

A name modify for a kid is not guaranteed without the other parent's consent.

 1. Fill out the forms

All of the following documents must be completed to enquire the court for a name change:

Family Court Comprehend Sheet - always required

This class asks for bones information well-nigh the parent who is filing the paperwork and the kid(ren). You are the Petitioner. The Clerk of Courtroom uses this data to open up your example.  Utilise the child(ren)'south current legal name when completing this (and all) forms.

Family unit Court Cover Canvas (pdf)

Family Court Cover Sheet (pdf fillable)

Petition for Child's Proper name Alter - ever required

This form tells the Court about the child's electric current name, the new name you would similar the kid to have, and the reasons why. You tin ask for up to 2 children's names to be inverse. Where the form asks for the child's current proper name, use the current full legal name.

Indicate whether the other parent will agree to the proper noun change and if non, why.  Sign this course in front of a notary.

Petition for Kid's Name Change (pdf)

Petition for Kid's Name Change (pdf fillable)

Notice of Petition for Child'due south Name Change - always required

This form is directed to the not-consenting parent.  It lets the other parent know virtually the proposed proper name change, and what to do if they want to object.  Fill out the form completely.

Notice of Petition for Child'due south Name Change (pdf)

Consent to Child'due south Name Change (for parents and older children)

If the other parent volition agree to the child's proper noun alter, the parent tin can fill out this form. This grade must be signed in forepart of a notary.

Parent's Consent to Child's Name Change (pdf)

Parent's Consent to Child'south Name Change (pdf fillable)

A kid age 14 or older must consent to their own name change. If any of the children are 14 or older, each kid must complete a consent.

Child'due south Consent to Child'due south Name Change (pdf)

Child's Consent to Child's Name Modify (pdf fillable)

Order for Child'due south Name Alter - always required

This is the form the estimate signs to grant the kid's name change. Although this will not be needed until the terminal step, information technology is all-time to fill information technology out ahead of fourth dimension and relieve it for after. You volition give this to the judge later on you lot have finished the rest of the steps. Complete all sections except for the appointment and signature line for the approximate. Brand certain to betoken whether or not a new nascence document should be issued for the child with the new name.

Gild for Kid'southward Proper noun Modify (pdf)

Order for Child'due south Name Change (pdf fillable)

 2. File the forms

The court charges$270 to file the papers. The fee is payable by greenbacks, coin order, or about major credit/debit cards. If you cannot afford the fee, please run across Filing Fees and Waivers to detect out how to ask the courtroom to waive the fee.

You tin can file your papers ane of these ways:

1. By Mail: Post your forms and the filing fee (with check or money order made out to Clerk of Court) to:

   Family Courts and Services Eye
   Attn: Clerk of Court
   601 N Pecos Route
   Las Vegas, NV 89101

2. Online: You tin can file online through the courtroom'southward e-filing organisation, eFileNV. In that location is a fee of $3.50 to upload your documents, in improver to the regular filing fee. You must annals for an business relationship, you must provide a valid email address, and yous must be able to scan and upload your documents.  Carefully follow the Eastward-Filing Guide to avert mistakes.
   E-Filing Guide
   
3. In person at the Family unit Courthouse (check our How to File page for hours and more data).

 three. Serve the other parent

Any living parent who notwithstanding has parental rights to the child should be served with a copy of the Petition and the Notice of Petition. The way to serve the other parent depends on the following:

• If you know or can detect out where the other parent is located:The parent must exist personally served with the Petition and the Discover of Petition. The parent filing for the proper name alter cannot serve the other parent.  Someone over the age of 18 who is non a party to the case must hand-deliver the documents to the parent. You can ask someone you know to serve the documents, or you can hire the sheriff or a individual process service.  Visit the Sheriff'southward Civil Process Section for more than information on their fees and services.

  Whoever serves the other parent must fill up out a Proof of Service grade that says when, where, and how the other parent was served.  Make certain this form is completed and filed at the family court.

Proof of Service (pdf)  Proof of Service (pdf fillable)

The other parent can file an "objection" if they disagree with the name alter.  If they do, a hearing volition be set for both parents to talk to the judge.

• If you have had no contact with the other parent and do non know where to observe him or her: Y'all can ask the judge's permission to mail a notice in a paper for 3 weeks instead of having the other parent served in person.  Yous volition have to make full out some forms explaining everything that was done to endeavour and find the other parent to take them served.  Information technology will be up to the guess whether to let you to publish the notice instead of having information technology served.  Download the packet below and follow all of the included instructions to request permission to publish.

Request for Publication - Minor Name Modify (pdf)

 four. Prepare a hearing with the judge

The guess unremarkably requires a hearing earlier blessing a child's proper name change without both parents' consent. The hearing is called a "show up" or an "uncontested" hearing. This is a short hearing where the judge tin can ask you some questions before deciding whether to corroborate the child's name change.

To set a hearing, fill out an Uncontested Setting Slip and file it.  A clerk will set a court date for you when you file the class. The judge cannot grant the proper name change until x days after the final engagement the notice was published. Make sure your hearing date is scheduled for at least ten days after the final publication date.

Uncontested Setting Slip (pdf fillable)

If you did not already fill up out the Club for Child's Proper noun Modify when you filled out your other paperwork, complete the grade now. Complete all sections except for the signature line for the guess.

Order for Child's Proper noun Modify (pdf fillable)

Most hearings have identify by video.  The judge volition inquire you some questions and decide whether to grant the name change.   If granted, the judge may prepare the order for you lot or may ask you lot to submit the lodge after the hearing.  If then, follow the steps at the top of this section to turn in the final order to the judge.

FYI!

One time you lot get your signed society, you volition need to contact every agency and function where y'all wish to alter the child's proper noun then they can update the child's information. They will usually require a certified copy of the proper noun change lodge, which you lot tin obtain for a small fee from the Clerk of Court's Records Department.

If your order includes a request for a new nascence certificate with the child's new name, you will need to contact the vital records department where the kid was built-in to find out their requirements. If the child was born in Nevada, please encounter the Nevada Office of Vital Statistics to detect out how to get the birth certificate changed.

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Source: https://www.familylawselfhelpcenter.org/self-help/name-changes/name-changes-for-children/197-contested

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