My Name is cursed!

[ShellraeG]

What is the name of your state (only U.S. law)? AZ

For several years Ive been trying to get state ID, first in NV and when I moved to AZ, there as well.
Here is my problem:

When I was a kid, my mom let my aunt adopt me and change my name of course to their last name-Marceca.
When I was 10 my mom got me back and she was with the same man Id always thought was my father and his last name was Stone.
She registared me in school with 'Stone', got my first SS card under Stone, and my first CA DL under Stone as well and then later in my life I of course got married with the name Stone, which then changed to 'Gomes' (also the name Im currently using). Back when, I assume we used the birth cert with the adopted name 'Marceca' which both of those government agencies accepted but still allowed my name on these documents to be 'Stone'.
I had NEVER seen my original birth certificate.
When I tried to get a state ID, they informed me I needed the document that showed how my name went from 'Marceca' to 'Stone', and of course my marriage license that showed how it went from 'Stone' to 'Gomes' which I did have. Alas there was NEVER any such document from 'Marceca' to 'Stone' because my mom who probably didnt know any better did not legally do so, and since I was living in California forever, it never was any issue I had to contend with before she died.
Now I am engaged to a wonderful man who once again wants to change my name but I still wont be able to get any state ID...(BTW, I live in a tri-state area and Ca is allowing me to keep my Ca license with my current address on it without any problems thus far either)
AND my adopted Aunt has sent me a copy of my original birth certificate which bares my moms maiden name 'Gamboa' as my original birth name.

So...what do I do to fix this situation?
Can I use my original cert -get my SSN changed and THEN go into the DMV,
Do I have to use my adopted cert, get a SSN and then go to the DMV,
Do I have to legally change my name to ONE of ANY of them-get my SSN Then go to the DMV, or WHAT WHAT WHATTTTT do I do then??
I heard I could get a reduced price for a name change because I am disabled but cant find that anywhere...

I also heard if I changed my name, Id have to live in my area and post that info in the papers, but it doesnt say for how long I must reside after I do.
This mistake is because my mother didnt go through the proper channels and my name was never challenged until DMV laws changed after 9/11 and homeland security stepped in. I thought if I had a St DL and came in with my social security card and current address verification, that would be good enough proof of who I am.
I guess not

Please, any info or direct contacts I can make, I would appreciate because Id love to get married before im 50!

 

[justalayman]

When I was a kid, my mom let my aunt adopt me and change my name of course to their last name-Marceca.
When I was 10 my mom got me back and she was with the same man Id always thought was my father and his last name was Stone.

Huh?

adoptions are forever. How did your mother (well, your biological mother since your aunt was actually your legal mother at the time) "get you back"?

anyway, most states accept name change by usage so your name is whatever you used.



the problem with Arizona is that to obtain a state ID or driver's license, your social security card must reflect your claimed name.


but that begs the question: what is the name on your social security card?



and if all else fails, simply file for a formal name change in court. I have no idea if there are discounts for anybody though.

 

[adjusterjack]

Please, any info

I think the easiest thing for you to do is have your name legally changed in court.

The process in AZ is not too difficult and the fee is $319 according to the fee schedule I found online:

http://www.azcourts.gov/selfservicecenter/Self-Service-Forms/Name-Change-Forms

http://www.clerkofcourt.maricopa.gov/fees.asp

You can go to the courthouse first and see if you are eligible for a fee waiver:

https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Glossary/waivers.asp

 

[ShellraeG]

Huh?

adoptions are forever. How did your mother (well, your biological mother since your aunt was actually your legal mother at the time) "get you back"?

anyway, most states accept name change by usage so your name is whatever you used.



the problem with Arizona is that to obtain a state ID or driver's license, your social security card must reflect your claimed name.


but that begs the question: what is the name on your social security card?
and if all else fails, simply file for a formal name change in court. I have no idea if there are discounts for anybody though.

My mother got me back because my Aunt just gave me back when my mom was back on her feet (so about 3-4 yrs I lived with my adopted Aunt-my moms sister)
I dont know much about the name situation for like school because I was 10 and my mom just registered me, I dont know if she had to show documents or whatever. As per my SS card & first drivers license at 16 yrs old, I had my school ID with "Stone" like it had been since I was 10, and I dont recall using my adopted birth cert to get these things, my mom was with me so she probably did but how Im unsure exactly. (Im 45 now as well so I dont remember exactly) My first SS card had Stone, and when I got married with Gomes, I used my marriage cert to get it changed. Im still Gomes now and I still have the same CA DL number ive always had. I was told after my divorce I could change my name back or something but never did or wanted too because it had become my professional name. Then when I moved to NV and my license was expiring about that same time did I run into this problem. I ended up just driving to Needles, CA and renewing it with my NV address, and of course they reissued it without question or problems. Then since I still didnt have any info about how I became a 'Stone", I got it reissued when it was up again by mail. But NOW I moved to AZ, and of course the same problem happened. SO I ordered my birth record and got the adopted one with Marceca, couldnt make contact with my Aunt for other info since my mom had died. So Ive just been drudging through this because the name change thing was like $400 or something and I just cant flop out that kind of money in one shot on disability. Now my BF wants to get married, and I can do it because my ID is valid, but honestly, my name shouldnt be valid because I was NEVER really a Stone, which got me those original documents, and what I used to get married the first time. The name on my current SS card is Gomes, my married 'legal' name?...
I know I can go in and get any last name I want if I pay for it. And since Gomes is what name Im currently using, my SS card & license are considered valid, I just dont know which birth cert I can or should use. which will give me the Least hassle. And when I move out of this area (when I can) in the new state, I want to be able to get valid documents since I know CA WONT be able to use say CO, or NC addresses on it!
Im that person, that if it can happen, it will, lol I have seriously interesting history and stories! This one plagues me...haunts me...urks me most!

 

[Proserpina]

My mother got me back because my Aunt just gave me back when my mom was back on her feet (so about 3-4 yrs I lived with my adopted Aunt-my moms sister)
I dont know much about the name situation for like school because I was 10 and my mom just registered me, I dont know if she had to show documents or whatever. As per my SS card & first drivers license at 16 yrs old, I had my school ID with "Stone" like it had been since I was 10, and I dont recall using my adopted birth cert to get these things, my mom was with me so she probably did but how Im unsure exactly. (Im 45 now as well so I dont remember exactly) My first SS card had Stone, and when I got married with Gomes, I used my marriage cert to get it changed. Im still Gomes now and I still have the same CA DL number ive always had. I was told after my divorce I could change my name back or something but never did or wanted too because it had become my professional name. Then when I moved to NV and my license was expiring about that same time did I run into this problem. I ended up just driving to Needles, CA and renewing it with my NV address, and of course they reissued it without question or problems. Then since I still didnt have any info about how I became a 'Stone", I got it reissued when it was up again by mail. But NOW I moved to AZ, and of course the same problem happened. SO I ordered my birth record and got the adopted one with Marceca, couldnt make contact with my Aunt for other info since my mom had died. So Ive just been drudging through this because the name change thing was like $400 or something and I just cant flop out that kind of money in one shot on disability. Now my BF wants to get married, and I can do it because my ID is valid, but honestly, my name shouldnt be valid because I was NEVER really a Stone, which got me those original documents, and what I used to get married the first time. The name on my current SS card is Gomes, my married 'legal' name?...
I know I can go in and get any last name I want if I pay for it. And since Gomes is what name Im currently using, my SS card & license are considered valid, I just dont know which birth cert I can or should use. which will give me the Least hassle. And when I move out of this area (when I can) in the new state, I want to be able to get valid documents since I know CA WONT be able to use say CO, or NC addresses on it!
Im that person, that if it can happen, it will, lol I have seriously interesting history and stories! This one plagues me...haunts me...urks me most!

I feel your pain. Oh man, do I feel your pain. But that aside, follow Jack's instructions. Much easier all around.

 

[ShellraeG]

I think the easiest thing for you to do is have your name legally changed in court.

The process in AZ is not too difficult and the fee is $319 according to the fee schedule I found online:

http://www.azcourts.gov/selfservicecenter/Self-Service-Forms/Name-Change-Forms

http://www.clerkofcourt.maricopa.gov/fees.asp

You can go to the courthouse first and see if you are eligible for a fee waiver:

https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Glossary/waivers.asp

Thank you for the links. I will go look at them now! I live in Mohave county though, so maybe I can find a waiver for them some place?!? lol Perhaps in the very near future this thing that plagues me will be put to bed! for good!!

 

[justalayman]

ShellraeG;3351068]My mother got me back because my Aunt just gave me back when my mom was back on her feet (so about 3-4 yrs I lived with my adopted Aunt-my moms sister)

you said you were adopted. It doesn't matter what your mother would have done; adoptions are forever.

I ended up just driving to Needles, CA and renewing it with my NV address, and of course they reissued it without question or problems.

what do you mean of course no problems. There should have been a lot of problems. You do not get a California license if you are not a resident of California.

Then since I still didnt have any info about how I became a 'Stone", I got it reissued when it was up again by mail.

you don't need info on how you became a stone. Common usage is all it takes.

my name shouldnt be valid because I was NEVER really a Stone,

actually you were because that is the name you used.

 

[ShellraeG]

you said you were adopted. It doesn't matter what your mother would have done; adoptions are forever.

what do you mean of course no problems. There should have been a lot of problems. You do not get a California license if you are not a resident of California.

you don't need info on how you became a stone. Common usage is all it takes.

actually you were because that is the name you used.

I understand adoptions are forever, but I wasnt in her custody after I turned 10, yes legally on paper my aunt was my parent, but she put it back on my mom and she herself never questioned anything legally changing or happening to my knowledge back then. Ive also only seen that 'mom-aunt' maybe 3 times since then from living in different states. I agree there should have been more questions or red flags coming at my mom when she was assisting me on getting those documents from these government agencies but NO, they gave me these documents with the NOT legal name with whatever was filled out and presented which I know now was NEVER anything legal stating my name had been changed to Stone from the adopted Marceca name--Ive searched for such documents and they dont exist. And YES the state of California should probably not give ppl living in NV or AZ even if its less than 20 miles away with said address in that state, but when I went in to ask what I should do since NV wouldnt issue me even ID because I didnt have all the proper paperwork, they gave me a paper to fill out with my information, took my pic and reissued/extended my current CA license Id had since I was 16 without question or concern WITH the NV address they typed in . Since they didnt say anything, and because they know more than I do or did, I didnt question their decisions or the validity, or even the legality of it, (I was told many ppl have licenses with permanent addresses not necessarily in the same state, so its not THAT uncommon but I also know thats more military or student situations-or 1/2 yr residences in 2 places even.) In this area, its NEVER been questioned except by one law enforcement official who requested to see my ID because of where I was in proximity of a crime. He said something like youve lived here for a yr or so, why havent you updated to a NV ID and I told him exactly my reason, NV would not issue one to me without certain documents I could not produce. By most laws its required you carry some form of ID and that it not be expired or outdated, if CA didnt give me my ID, then I would have been in the bottom of a boat back when struggling to figure all this out, unable to drive to a job or to get food, cash checks or use credit cards and a slew of other things-so for that Im grateful. I also understand that in most states you have 10-30 days to change your ID to reflect your residence, I asked NV, they said ASK CA, I asked CA and they had me fill something out and WALA.
As stupid as it may sound, or how uninformed I may appear, when I go to a professional, or anyone in authority or official, I am under the premise they know the rules and laws, expectations from me, and all the in's & outs of their jobs/business. If at any time 'NO' or any other flags were presented, I could have questioned my next steps. Which werent obviously in the past or now in my current situation. I would 'hope' they would aid me in committing a crime or put me in any position to be detained or subjected to infractions or anything--that would be unprofessional, and unjust. If at any time they were unsure, or things didnt seem on the up & up, I would think it their job and responsibility to get all the answers they need to move forward not putting their own jobs in jeopardy--Am I wrong???

And you said "you don't need info on how you became a stone. Common usage is all it takes."--according to NV and AZ I do, I need to show how I got from my birth name to my married current name--Doesnt matter if Ive used Stone for 80% of my life, and a previous SS card & license with those things didnt matter either, there is NO document that shows legally how I went from my adopted name 'marceca' to the name I used when I got married-'stone'-even if my ids at that time reflected that name. They just wont do it. The sad thing is when I had my child, i gave him the Stone last name because I still believed it was my real last name, and in fact its never 'technically'-legally on paper--ever been that name I gave him the last name I was using at the time. I just feel like I dont have any true identity--no parents or grandparents or extended family that Im even close too. Trying to get information, finding records and everything has been a daunting task all by myself and Ive not run across anyone I dont have to pay who cane make heads or tails of where I should go, or how to proceed, or how to fix my situation that is so-out of my control!

I guess now its filling out waivers to get approved, then talking to the county clerk is on my agenda, or starting a fundme.com project to raise 'name' changing funds to get this ball rolling is in my near future.
Forgive my rambles, talking it out would have been much clearer and quicker I think. I appreciate the info, the advice and just responding in general.
Appreciated indeed, and I hope this helps clear up MY mentality or my thoughts, even if you dont agree

 

[justalayman]

By most laws its required you carry some form of ID and that it not be expired or outdated,

actually, no, it isn't. While driving you must have your license on you. There are a few issues where you must have an ID but generally speaking, no, you cannot be required to carry, or even possess, an ID.

(I was told many ppl have licenses with permanent addresses not necessarily in the same state, so its not THAT uncommon but I also know thats more military or student situations-or 1/2 yr residences in 2 places even.)

actually it is very uncommon., When a person becomes a resident or fulfills the requirements where a state they are residing or temporarily living requires them to obtain a license from that state, they must. Basically you have changed states of residence in that situation. TO have a valid license in any state, you are required to be a resident of that state.

Am I wrong???

I believe so.

And you said "you don't need info on how you became a stone. Common usage is all it takes."--according to NV and AZ I do,

well they're wrong.
from a federal district court with the case originating in Nevada.

https://scholar.google.com/scholar_case?case=16063028291166885747&q=United++States+v.+McKay+2+F.2d+257&hl=en&as_sdt=80000003

Under the common law a man can change his name at will, provided it is not done with a fraudulent purpose; he may sue and be sued by such adopted name, and will be bound by any contract into which he enters in his adopted name. This is true in the absence of a restrictive statute, and is not abrogated by the fact that a procedure is provided by statute for the change of one's name. 20 Standard Ency. 250; In re McUlta (D. C.) 189 Fed. 250; Linton v. Bank (C. C.) 10 Fed. 894.

from http://www.courts.ca.gov/1054.htm

Q: Can I just change my name by using my new name (by the "usage method"), without going to court?

A: In California, you have the common law right to change your name by the "usage method." This means that you simply pick a new name and start using it consistently in all parts of your life. There are exceptions to changing your name by the "usage method" -- it cannot be used by people who are in state prison, on probation, on parole, or been a convicted sex offender. And it cannot be used to change a minor's name.

BUT, government regulations created to fight against identity theft, fraud and terrorism are making it almost impossible to have a new name without official documentation. So, practically speaking, government agencies like the DMV or Social Security Administration and most institutions (like banks) require a court order to change your name. And you will also need a court order to get a new birth certificate or a passport in your new name.
For this reason, it is much more common to file for a court order changing your name. With that court order, called a Decree, you will be able to change your government-issued identifications and prove to any institution that your new name is your legal name.

and since you said you were a resident of California, AZ and NV must accept the law of California that allowed you to change your name by usage.

You even had the federal government accepting you as Stone:

got my first SS card under Stone,

I would have to check Arizona and Nevada but the majority of states do in fact allow name change by usage. (46 per Wikipedia)

In fact, here is California statute on the matter:

Code of Civil Procedure § 1279.5 (a)

1279.5. (a) Except as provided in subdivision (b), (c), (d), or
(e), nothing in this title shall be construed to abrogate the common
law right of any person to change his or her name.

So the fact is, your name was changed. There is no proof because it was through usage. It does not diminish the fact it is still your name. You obtained a social security card with the assumed name. You were issued a marriage license using the assumed name. You were issued a license with the assumed name. You were XXXXX STONE.

In fact, your assumed name is more your name than your birth given name. If you tried to use your birth name, nobody would know who you are. Your credit history; you would have none. Your history of residence throughout your life; non-existant. Educational records; never heard of XXX Marceca.

The sad thing is when I had my child, i gave him the Stone last name because I still believed it was my real last name, and in fact its never 'technically'-legally on paper--ever been that name

it was your name though. Put it this way; If you were not XXXX Stone, then who is listed as the mother on the birth certificate? If you are not XXXX Stone, then you are not the mother of the child on that birth certificate. It sounds goofy but that is what you are essentially saying; XXXX Stone never existed.
the fact is; changing your name through the courts is actually more of a documentation of the name you choose.

and for simplicity sake, you might consider taking the name Stone (if that is what you currently use). It will save a lot of questions and issues in the future.

Now, since you are having issues, the simplest thing to do would be to simply go to court and establish a name for yourself. I'm the kind of person who would fight it on principle alone but given your situation, it is not likely to be the best direction for you to take. So, call the court. Check to see if there is any sort of fee waiver due to financial standings.

 

[ShellraeG]

Thanks...but yeah a few more ?!?!s please lol

actually, no, it isn't. While driving you must have your license on you. There are a few issues where you must have an ID but generally speaking, no, you cannot be required to carry, or even possess, an ID.


actually it is very uncommon., When a person becomes a resident or fulfills the requirements where a state they are residing or temporarily living requires them to obtain a license from that state, they must. Basically you have changed states of residence in that situation. TO have a valid license in any state, you are required to be a resident of that state.


I believe so.



well they're wrong.
from a federal district court with the case originating in Nevada.

https://scholar.google.com/scholar_case?case=16063028291166885747&q=United++States+v.+McKay+2+F.2d+257&hl=en&as_sdt=80000003




from http://www.courts.ca.gov/1054.htm





and since you said you were a resident of California, AZ and NV must accept the law of California that allowed you to change your name by usage.

You even had the federal government accepting you as Stone:



I would have to check Arizona and Nevada but the majority of states do in fact allow name change by usage. (46 per Wikipedia)

In fact, here is California statute on the matter:




So the fact is, your name was changed. There is no proof because it was through usage. It does not diminish the fact it is still your name. You obtained a social security card with the assumed name. You were issued a marriage license using the assumed name. You were issued a license with the assumed name. You were XXXXX STONE.

In fact, your assumed name is more your name than your birth given name. If you tried to use your birth name, nobody would know who you are. Your credit history; you would have none. Your history of residence throughout your life; non-existant. Educational records; never heard of XXX Marceca.


it was your name though. Put it this way; If you were not XXXX Stone, then who is listed as the mother on the birth certificate? If you are not XXXX Stone, then you are not the mother of the child on that birth certificate. It sounds goofy but that is what you are essentially saying; XXXX Stone never existed.
the fact is; changing your name through the courts is actually more of a documentation of the name you choose.

and for simplicity sake, you might consider taking the name Stone (if that is what you currently use). It will save a lot of questions and issues in the future.

Now, since you are having issues, the simplest thing to do would be to simply go to court and establish a name for yourself. I'm the kind of person who would fight it on principle alone but given your situation, it is not likely to be the best direction for you to take. So, call the court. Check to see if there is any sort of fee waiver due to financial standings.

After re-reading what you wrote, I now have a few questions you may be able to help me with figuring out.

This 'usage' business, when I go into any DMV, what would I need to bring to show 'usage', and that being viable and legal for them to give me what I need? My old DL? Diploma? old student IDS? perhaps a bill or bank statement? Would I need to show this to say, the courts, where then they would give me some document that would validate this claim? Do many of the dmv employees even know about this? Im sure with a bit of work I could gather some documents, salvage old credit cards and whatever if that in fact is all the proof I needed. My bottom line is I dont want to have to change my name 2 times, the once to get proper ID and then again when I marry, nor do I want to be forced to be the changed name for some extended period that would keep me from getting married when I wanted to do so because I need to be this person in this town/state longer than necessary to accomidate debt collectors and whom ever else. At that rate and with this usage possibility, I could perhaps just go by my original birth cert name right now, take my cert to SSA and get that card, then walk into the DMV with those 2 items, change my bank statement, some medical bills and my insurance to reflect that name and just go with it?? I dont understand why this is so difficult for me to understand or make sense of--Im sorry youre having to repeat yourself, but once again I appreciate your information that Ive just never seen or heard of before and wouldnt know how or where to look even and I AM educated lol so thank you for everything and any advice!! Youre AWESOME