futuredust
Senior Member
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)?
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)?