I recently ran across a funny quote on Facebook, “When life gets stressful, do something to lift your spirits … go for a drive, go two or three thousand miles away. Or… maybe change your name.” Now, there’s a thought! It’s such a simple suggestion and in practice, it can be. It actually depends on whose name you want to change, the individual facts of your case, when and how you go about doing it.
Changing the name of your child- The legal process of changing your child’s name can be more complicated than most people realize. If the other parent disagrees with the change, he or she may refuse to consent which would necessitate a formal evidentiary court hearing (see factors below). The first step is to have your attorney file a petition requesting the change. You have to then give formal notice (along with the hearing date) to the other legal parent that you are requesting such a change. An additional step must then be taken wherein you are required to make public notice or announcement of your request of the name change. Specifically, the request along with a hearing date must be published in a local newspaper & you must follow up with filing proof of publication with the Court. If you are fortunate enough to obtain consent from the other parent, then it is rather simplified in that he/she can sign a consent form which can be submitted to the court in lieu of a formal evidentiary hearing. On the other hand, if consent won’t be given, there are certain factors a judge will look for at an evidentiary hearing when presented with a request for a name change:
A judge will only grant a change if he/she thinks “the substantial welfare of the child requires such change.” The judge will look at the following nonexclusive factors in his/her consideration… a) was there misconduct by one of the child’s parents? b) did a parent fail to support the child – financially or otherwise? c) has a parent failed to maintain sufficient contact with the child? d) how long has the child’s surname been used? e) is the child’s surname different from that of the child’s custodial parent? f) if the child is of age to have an opinion, what is the child’s preference for one of the surnames? g) what is the effect of the change of the child’s surname on the preservation and development of the child’s relationship with each parent? h) what is the degree of community respect associated with the child’s current surname vs. the proposed surname?) what are the difficulties, harassment or embarrassment that the child may experience from bearing the current or proposed surname? and j) will the change aid in the identification of the child as part of a family unit? It should be noted that Nebraska does not recognize any presumption in favor of changing a name merely because a custodial parent has sole legal or physical custody of the child.
Changing an Adult’s Name- This process is somewhat easier in that you obviously don’t need the consent of another parent as in the case of a child. First, your attorney must file a petition with the court. The court will give your attorney a hearing date. As in the case of a child, however, you must once again announce to the public your request for such a change. You can do this by publishing the name change request and hearing date for a set period of time which must also be followed up with proof of publication with the Court. Finally, you and your attorney will attend the hearing at which the judge will sign an Order granting your name change.
Changing your married name back to your former or “maiden name”- Nebraska law allows former names to be restored in a divorce decree. It is important to let your attorney know at the outset of your case if you want your name restored. Your attorney will request that your name be restored in the initial pleading – i.e. if you are the moving party, she will include it in the Complaint and if you are the responding party, she will include it in your Answer or Counterclaim. The key factor here is you must make the request in order for it to be restored. If you forget to do so, your attorney can amend the pleading to make the request at a later juncture, however this will mean more time and money. Perhaps you are unsure whether you want your name restored. In this case, you should opt to include the request because it isn’t mandatory just because you have asked for it, nor will it be held against you in any way if you should later choose not to restore it. Once you have reached the end stage of your divorce, be sure to closely examine the draft of your Decree before it is executed by the Judge to ensure there is a provision that your former name be restored. Finally, you can simply take a certified copy of your final decree to the Department of Motor Vehicles or Social Security Office as evidence of your name change. In the event you should want to restore your former name after your divorce decree is finalized, refer to the instructions in the preceding paragraph on Changing an Adult’s Name.
Remember … your team at McGill Law is here for you when life gets stressful– so, before you take off on that 2- or 3,000-mile drive, you might just consider a name change! Come and see us … we have your back.
The Legal Process of a Name Change … For You or Your Child