Legal Name Change

[futuredust]

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

My nephew, 18, and recent high school graduate, wishes to change his last name to my families name. His father has been absent the majority of his life, and has some criminal history, my nephew does not wish to bear his fathers name and has filed a petition to change it.

When he went to court a couple days ago they would not let his petition be heard because he had no order prepared for the judge to sign, he and my sister (his mother) were unaware they would need this.. they did ask if they needed to file anything else when they filed the petition and were told no. So he asked me to try and help him..

This is what I prepared for him:


IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL DISTRICT OF THE STATE OF ARKANSAS AND IN THE COUNTY OF XXX

IN RE: HIS NAME NOW
CASE NO. XXXX
Date Of Birth: JANUARY XX,19XX

ORDER FOR CHANGE OF NAME

On this date the petition of XX-BIRTH NAME-XX is presented, the petitioner, appearing in person, pro se.

Upon reading the Petition of XX-HIS BIRTH NAME-XX praying for relief to change Petitioner's name to XX-NEW NAME-XX; and from the petition filed herein, the testimony given, and other proof before the Court, finds:

The Court being satisfied that there is no reasonable objection to the proposed name change, and The petitioner has shown reasonable cause for changing his name.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1.That the petitioner's name XX-HIS BIRTH NAME-XX, born JANUARY XX,19XX, shall be changed to XX-HIS NEW NAME-XX; And that petitioner shall hereinafter be known as XX-HIS NEW NAME-XX on and after the date of this Order.
2.IT IS FURTHER ORDERED that the petition filed herein and this order be entered by the Clerk upon the record of this Court.



_______________________________

HONORABLE JUDGE


DATE:


My sister took this to a local atty to review and ask if it was sufficient, the atty did not even look at it and said that the judge would not sign it because the judge's want you to have an attorney for this. And that he would do it for so much money.

My nephew cannot afford an attorney and the filing fees to file the petition were given to him by family as a graduation gift, this is something he has wanted to do for a few years.

Everything I have read, thus far, has said that this should be a very simple matter. In his petition he stated he had no debt or loans under his birth name and he has no criminal record or any pending legal matters. He is fresh out of high school and is employed. He would just like to change his name and move forward. He would be carrying the family name forward, since there are no other men in our family line with the family name.

Does anyone see a problem with the order I have done for him to present to the judge, and do you foresee any issues with him being pro se? Since this is an uncontested matter, and he has no debts or legal issues, does he really *need* to be represented by an attorney for this? Is the wording of this sufficient or should any or all of it be changed?

Thank you so much for your time and assistance.What is the name of your state (only U.S. law)?

[LdiJ]

Originally Posted by futuredust

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

My nephew, 18, and recent high school graduate, wishes to change his last name to my families name. His father has been absent the majority of his life, and has some criminal history, my nephew does not wish to bear his fathers name and has filed a petition to change it.

When he went to court a couple days ago they would not let his petition be heard because he had no order prepared for the judge to sign, he and my sister (his mother) were unaware they would need this.. they did ask if they needed to file anything else when they filed the petition and were told no. So he asked me to try and help him..

This is what I prepared for him:


IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL DISTRICT OF THE STATE OF ARKANSAS AND IN THE COUNTY OF XXX

IN RE: HIS NAME NOW
CASE NO. XXXX
Date Of Birth: JANUARY XX,19XX

ORDER FOR CHANGE OF NAME

On this date the petition of XX-BIRTH NAME-XX is presented, the petitioner, appearing in person, pro se.

Upon reading the Petition of XX-HIS BIRTH NAME-XX praying for relief to change Petitioner's name to XX-NEW NAME-XX; and from the petition filed herein, the testimony given, and other proof before the Court, finds:

The Court being satisfied that there is no reasonable objection to the proposed name change, and The petitioner has shown reasonable cause for changing his name.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1.That the petitioner's name XX-HIS BIRTH NAME-XX, born JANUARY XX,19XX, shall be changed to XX-HIS NEW NAME-XX; And that petitioner shall hereinafter be known as XX-HIS NEW NAME-XX on and after the date of this Order.
2.IT IS FURTHER ORDERED that the petition filed herein and this order be entered by the Clerk upon the record of this Court.



_______________________________

HONORABLE JUDGE


DATE:


My sister took this to a local atty to review and ask if it was sufficient, the atty did not even look at it and said that the judge would not sign it because the judge's want you to have an attorney for this. And that he would do it for so much money.

My nephew cannot afford an attorney and the filing fees to file the petition were given to him by family as a graduation gift, this is something he has wanted to do for a few years.

Everything I have read, thus far, has said that this should be a very simple matter. In his petition he stated he had no debt or loans under his birth name and he has no criminal record or any pending legal matters. He is fresh out of high school and is employed. He would just like to change his name and move forward. He would be carrying the family name forward, since there are no other men in our family line with the family name.

Does anyone see a problem with the order I have done for him to present to the judge, and do you foresee any issues with him being pro se? Since this is an uncontested matter, and he has no debts or legal issues, does he really *need* to be represented by an attorney for this? Is the wording of this sufficient or should any or all of it be changed?

Thank you so much for your time and assistance.What is the name of your state (only U.S. law)?

The order actually looks fine. However, by you doing it for him, you basically are practising law without a license and that is problematic. Its one thing to take something he has written himself and help him by polishing up the language. Its another thing to do it completely for him.

[Ohiogal]

In many instances he is required to do a publication of a legal notice for a certain amount of time before his name is changed. YOUR SON really needs to read the local rules. I agree with LD that you could possibly get in trouble for preparing this for him due to UPL. You cannot be in court with him when this happens representing him.

[futuredust]

He did read the rules for this, Arkansas has no publication requirements. He did file his own petition and included that there were no debts or legal matters.

Should I tell him to write something similar on his own, and to use this as a guide?

I will not be in court with him, his mother will, on the next court date, in two weeks.

I was unaware they had filed already, or would have told them they would need an order for the judge to sign while there. They obtained a form petition online to file with the courts, and paid the filing fee.

I am open to suggestions if there is something he needs to do differently, thanks!

[Ohiogal]

Originally Posted by futuredust

He did read the rules for this, Arkansas has no publication requirements. He did file his own petition and included that there were no debts or legal matters.

Should I tell him to write something similar on his own, and to use this as a guide?

I will not be in court with him, his mother will, on the next court date, in two weeks.

I was unaware they had filed already, or would have told them they would need an order for the judge to sign while there. They obtained a form petition online to file with the courts, and paid the filing fee.

I am open to suggestions if there is something he needs to do differently, thanks!

It sounds good as an order. He might want to use it as a guide and write something similar. I just wanted to make sure he did publication and hadn't skipped that.

[futuredust]

Originally Posted by Ohiogal

It sounds good as an order. He might want to use it as a guide and write something similar. I just wanted to make sure he did publication and hadn't skipped that.

Thank you for weighing in, OG & LdiJ-

I was concerned about the publication myself when he came to me about the order. He said he looked it up and there was no requirement, so I looked it up as well, last night.

[futuredust]

UPDATE:

My nephew rewrote the order, using mine as a guide. Went to court last Thursday and walked out with a different name.

He was so happy, he was beside himself. Drove straight to the DMV and changed his name on his drivers license.

Thank you for your input =)

[gemeye73]

Congrats! Keep in mind, that the legal relationship between him and his father, still exist. A name change is ONLY a name change.


Glad you were able to process the change without any issues!!

[futuredust]

Originally Posted by gemeye73

Congrats! Keep in mind, that the legal relationship between him and his father, still exist. A name change is ONLY a name change.


Glad you were able to process the change without any issues!!

Since he is 18, and an adult, and dad has been absent, it is up to my adult nephew and his father to work that out.