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  #1  
Old 12-19-2008, 11:09 AM
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Join Date: Dec 2008
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Name change petition was for middle & last name. Only want it for last name now.


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

I filled a petition for name change of a minor for my daughter to change her middle and last name. The case never went to a judge because I never served the father. The case is still open but I now only want to change her last.

Is there a way I can change this current case to only change her last name or do I need to close it and start a new case? If the earlier, how do I change the current petition to make it only for her last name. If the later, how do I close this case?

Do I need a lawyer for this or is it possible to do it myself?
  #2  
Old 12-19-2008, 11:20 AM
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Join Date: Jul 2005
Location: Massachusetts
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Quote:
Originally Posted by sjs1000 View Post
What is the name of your state (only U.S. law)? Maryland

I filled a petition for name change of a minor for my daughter to change her middle and last name. The case never went to a judge because I never served the father. The case is still open but I now only want to change her last.

Is there a way I can change this current case to only change her last name or do I need to close it and start a new case? If the earlier, how do I change the current petition to make it only for her last name. If the later, how do I close this case?

Do I need a lawyer for this or is it possible to do it myself?
How old is the child? What is the involvement of the father? Is he paying support? Is there a CS order and is he current? What reason are you giving the courts for the change in name? If the new name the same as your current husbands?
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  #3  
Old 12-19-2008, 11:27 AM
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Location: Ohio
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File an amended petition and serve dad. Be aware that you may not get court permission to change the child's name based on the answers to the questions that Bay asked.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 12-19-2008, 11:44 AM
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Quote:
Originally Posted by baystategirl View Post
How old is the child? What is the involvement of the father? Is he paying support? Is there a CS order and is he current? What reason are you giving the courts for the change in name? If the new name the same as your current husbands?
The child is three years old. Father was incarcerated 12/06 (child was a year old) his release date is 11/2016. Reason for change of name is that the father is not involved and the child should therefore have the last name of the mother.

My daughter currently has her father's last name and I want to add my last name.

How do I file an amended petition?
  #5  
Old 12-19-2008, 11:47 AM
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Join Date: Dec 2005
Location: Ohio
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Quote:
Originally Posted by sjs1000 View Post
The child is three years old. Father was incarcerated 12/06 (child was a year old) his release date is 11/2016. Reason for change of name is that the father is not involved and the child should therefore have the last name of the mother.

My daughter currently has her father's last name and I want to add my last name.

How do I file an amended petition?
The same way you filed the first petition but you caption it as the AMENDED petition.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 12-19-2008, 11:57 AM
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Join Date: Dec 2008
Posts: 3
Okay thank you so much! I had called the court and they kept telling me that I needed to get a lawyer because they couldn't give me any advice.

I was planning on trying to close the case and starting a new one but amending would save me 100$.

I have all the papers filled out and I plan to get consent of the father this time before turning in the papers. I assume I will have to do publication again since the name change is different from the name change I had published in the newspaper before.

Do I turn in the forms as I did the first time..
-petition for change of name
-notice for publication
-order for change of name
-attachments: consent to change of name, Copy of Birth certificate.
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