Name Change for a Minor Question

[pidass]

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

Basically I'm looking to change the name of my eldest child. I am her father listed on her birth certificate and my wife (my daughter's mother) agrees that her name needs to be changed. Currently her last name is my last name hyphenated with my wife's maiden name since we had her before we got married. All we are trying to do is drop my wife's maiden name off her last name so it will be just mine. I've gone to Name Change Forms with Detailed Filing Instructions.* Legally Change Your Name.* 100% Guaranteed. to look up the law in SC and it states:

CHAPTER 49. CHANGE OF NAME

SECTION 15-49-10. Application for change of name.

(A) A person who desires to change his name may petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known.

(B) A parent who desires to change the name of his minor child may petition, in writing, a family court judge in the appropriate circuit. The other parent, if there is not one then the child, must be named as a party in the action unless waived by the court. The court shall appoint a guardian ad litem to represent the child. The court shall grant the petition if it finds that it is in the best interest of the child.

SECTION 15-49-20. Court shall exercise discretion.

Upon such petition and the reason therein contained, the judge shall determine and grant or refuse the prayer thereof, as to him shall appear proper, having a due regard to the true interest of the petitioner

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I have written a letter on behalf of myself and my wife to petition our county family court for the name change, explaining the reasons and giving them the info on my daughter. Then a few weeks later they send me a letter back saying I need to consult an attorney.

Why can't they just help me out by giving me more information if I'm doing it wrong. I can't afford to pay an attorney a lot of money to do something that should be as simple as changing the last name of my own child.

Can anyone that is familiar with name changes of a minor give me some guidance? Thanks.

Jake

 

[Gracie3787]

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

Basically I'm looking to change the name of my eldest child. I am her father listed on her birth certificate and my wife (my daughter's mother) agrees that her name needs to be changed. Currently her last name is my last name hyphenated with my wife's maiden name since we had her before we got married. All we are trying to do is drop my wife's maiden name off her last name so it will be just mine. I've gone to Name Change Forms with Detailed Filing Instructions.* Legally Change Your Name.* 100% Guaranteed. to look up the law in SC and it states:

.



I have written a letter on behalf of myself and my wife to petition our county family court for the name change, explaining the reasons and giving them the info on my daughter. Then a few weeks later they send me a letter back saying I need to consult an attorney.

Why can't they just help me out by giving me more information if I'm doing it wrong. I can't afford to pay an attorney a lot of money to do something that should be as simple as changing the last name of my own child.

Can anyone that is familiar with name changes of a minor give me some guidance? Thanks.

Jake

The court clerks are not allowed to give legal advice.

Part of the problem might be that you filed a "letter" that was not in the proper form. A letter and a petition are 2 very different things. You need to file an actual petition. Google to see if your state has a site where you can find the proper form to fill out and file.
If you can't find anything, you can get a consult with an attorney.

 

[pidass]

Thanks, I did not realize that. I just assumed 'in writing' meant a letter. Is the petition specific for name changes or is it a generic petition for any state matters. All I can find are pay sites but I'll keep looking.

 

[TheGeekess]

If you can copy-n-paste into Word™ (or whatever word processing program you use), there is one here....
South Carolina Petition for Change of Name of Minor - Free Legal Form

Found in less than two clicks, using south carolina +"change name" +free via Google.

 

[pidass]

If you can copy-n-paste into Word™ (or whatever word processing program you use), there is one here....
South Carolina Petition for Change of Name of Minor - Free Legal Form

Found in less than two clicks, using south carolina +"change name" +free via Google.

Awesome! Thanks!!

 

[pidass]

I filed the forms out and sent them in to our family court with the court fees. They sent it back to me saying "I have to use an attorney".

so I talked to my attorney that's handling a speeding ticket and he said basically that I would have to use two attorneys, 1 for the actual process then another to verify that the change is in the best interest of the child.

He said that usually runs about $1,000!!! WTF.

 

[Gracie3787]

I filed the forms out and sent them in to our family court with the court fees. They sent it back to me saying "I have to use an attorney".

so I talked to my attorney that's handling a speeding ticket and he said basically that I would have to use two attorneys, 1 for the actual process then another to verify that the change is in the best interest of the child.

He said that usually runs about $1,000!!! WTF.

Who exactly told you that the law requires you to hire an attorney????

Whoever it was, they are WRONG. (although I'm assuming it was the court clerk, or someone with the Judge's office).

You might need to get a consult with an attorney, however, first try this-
Go to the person who told you that you have to have an attorney, ask that person to kindly show you in the statutes, the EXACT statute stating that you cannot file pro-se (without an attorney).
If that person won't (read- can't) show you the statute tell them that they will be hearing from an attorney.
Then, get a consult with a local attorney. Consults are usually inexpensive, it might be possible for the attorney to send a strongly worded letter to that person to wake them up to the legal reality that we all have the right to file in court pro-se.

 

[pidass]

I have sent two requests over the last year.

Both times I have gotten a note back saying I must use an attorney.

I have to admit the first time all I did was type up a letter as a petition (as I didn't know there were specific forms).

Then the second time someone on this forum led me to specific forms, so I filed all of them out included the $150 court fee and sent it off. They sent it back to me with a post-it not on it saying I had to get a lawyer.

I have become fed up with all of it, it's not complicated it's not like I'm fighting against anyone we just want the name changed before she starts school and things get more complicated. sheesh...