Fill and Sign the How to Change a Childs Last Name in Alabama Form

Prepared by U.S. Legal Forms, Inc. Copyright 20 16 - U.S. Legal Forms, Inc. STATE OF ALABAMA NAME CHANGE MINOR PACKET Control Number – AL -NAME -5 This packet contains the following: 1. Instructions ; 2. Forms List ; and 3. Access to Alabama Law Summ ary . I. EXPLANATION OF PETITION FOR CHANGE OF NAME A. In Alabama, an action for a court ordered Change of Name begins with the filing of a Petition in the Probate Court. The Petition must contain certain information. The forms in this packet include the n ecessary information for a Minor Name Change in the State of Alabama. B. You can use this packet if: ► You are less than 19 years of age and have been a resident of the county in which you will file for a period of one year. ► You have proper and reasonable cause for the requested change of name. ► You are not changing your name to avoid debts or defraud creditors. II. NOTICE TO PARENTS A. You must file a certified copy of the minor’s birth certificate when you file the forms. This document will remain with the court and becomes a part of the permanent record. B. If both parents names appear on the birth certificate, they both must sign the petition or sign a consent form. If one parent is not available to sign the petition or consent, or if the father’s n ame is not listed on the birth certificate, then item 2 in the petition must be completed in full. 1. If both parents sign the petition or submit a properly signed consent, the name change may be granted without a hearing. 2. If the father’s name is not stated on the birth certificate, or the named father is not available to sign the petition or consent, the matter will usually be set for a hearing. The court will usually take care of giving notice to the absent parent. If that parent lives out of stat e, or his/her whereabouts are unknown, the court will usually publish notice. 3. Be prepared to provide a physical street address for both parents. The court will not accept post office boxes as their sole address. II. WHAT FORMS ARE INCLUDED A. Petition and Declaration Change of Name (AL -NC -107 ) – This document states the reasons and other required details for your name change. B. Order (AL -NC -111 ) – This final statement of the legalities and terms of your name change. Once this form is signed by the Judge and filed with the court, the name change is effective. C. Consent of Parent (AL -NC -10 9) – This form is used by the non - petitioning Father to provide his consent to the name change. D. Affidavit of Mother (AL -NC -108 ) – This form is used by the non - petitioning mo ther to provide her consent to the name change. E. Consent of Minor Over 14 to Name Change – (AL -NC -110 ) – minors between 14 and 18 years of age must sign a consent form indicating their acceptance of the name change. If you did not order a completion packa ge and need access to the download page again for any of the above forms, please check your email for a link to that will redisplay the page for you. III. PROCEDURE FOR CHANGE OF NAME (MINOR) FOR THE STATE OF ALABAMA A. Preliminary Note: 1. The attached fo rms may be completed by: a. Printing the forms and completing by hand. Use black ink only and print neatly. Do not mark through or use liquid paper on the forms. b. Printing the forms and completing using a typewriter. c. By completing the forms on your computer using a word processing program and then printing the forms. 2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay your name change. 3. Print three (3) complete sets of forms. This will give you an original and copy for the court and a third set of forms for your records. 4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the name of the document – require that the heading be completed. You will need to add the na me of the court and the full name of the Petitioner. The “Case No.” will be assigned by the court clerk at the time of filing. 5. Forms that require you signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name – first name, middle name, and last name. 6. When a form is filed with the court, request the clerk “file -stamp” your copy of the form for your file. 7. A Law Summary has been included at the end of this form packet. Review the Law Summary before beginning the process of completing the forms. B. Procedure Step 1: Complete all the forms using complete names – middle names instead of middle initials. Step 2: File the forms (AL -NC -10 7 through 1 11) in the Probate Court in the county in which you have been a resident for a period of at least one year and pay the appropriate fee. NOTE: This package provides forms that are generally needed in the Probate Courts of the State of Alabama for the court ordered name change of a minor. The procedure will vary in some courts. This means that all the forms may not be needed. Also, it may mean that additional forms are needed. If the clerk requests additional forms, please call Customer Service at (601) 896 -0180, extension 15. Step 3: At the hearing, the Court may examine, upon oath, the Petitioners(s) or other persons concerning the Petition. As notes above, if both parents listed on the birth certificate sign the petition or a consent form, the cou rt will generally not require a hearing. Step 4: If the Court is satisfied as to (1) the truth of the allegations contained in the Petition; and, (2) that there is a reasonable and proper basis for the requested change of name, the Court will issue the Or der of Name Change. Step 5: Obtain a certified copy of the Order from the Clerk after it has been signed by the Judge. You are now ready to notify appropriate persons and governmental agencies of the change. NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. If you do not se e the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click in this button and the form fields will be vi sible. The forms are locked which means that the content of the forms cannot be changed. You can only fill in the information in the fields. If you need to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the fo rm. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks . After you make the changes relock the document before you being to complete the fields. After any required changes and re -protecting the document, click on the first form field and enter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. If problems, please let us know. LAW SUMMARY The law summary for this package may be located and printed from the following address: http://www. uslegalforms.com/al/AL -NAME -2.htm http://secure.uslegalforms.com/lawsummary/AL/AL -NAME -2.htm DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Alabama. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. 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