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Fill and Sign the Illinois Change Minor Form

Fill and Sign the Illinois Change Minor Form

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Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. This packet contains the following: 1. Instructions; 2. Forms List; and 3. Access to Illinois Law Summary. STATE OF ILLINOIS COOK COUNTY NAME CHANGE MINOR PACKET Control Number – IL -NAME-2 I. EXPLANATION OF PETITION FOR CHANGE OF NAME A. In Illinois, an action for a court ordered Change of Name for a mi nor child or children begins with the filing of a Petition in the Circuit Court. The Petition must contain certain information. The forms in this packet include the necessary information for a Minor Name Change in the State of Illinois. B. You can use this packet if: ► If the child is less than 18 years of age and has been a resident of the county in which the Petition will be filed for the requir ed amount of time as reflected in the law summary. ► The Petition can satisfy the legal standard for the name change. Specifically, an order will be entered for a minor name change only if the court finds by clear and convincing evidence that the change is in the best interests of the child. The court will take into consideration such factors as the wishes of the child’s parents and any person acting as a parent who has physical custody of the child; the wishes of the child and reasons behind those wishes; the relationship between the child and his parent/guardians and other s who significantly affect the child’s best interest; and the child’s adjustment to their school, home, or community. ► The minor’s name is not being changed to avoid debts or defraud creditors. II. WHAT FORMS ARE INCLUDED A. Chancery Division Civil Cover Sheet - IL-NC -100 – This form requests required information for the Court’s use. B. Petition for Change of Name(s) – IL -NC -101 – This document states the reasons and other required details for your name change. C. Affidavit of Consent – IL -NC -106 - Form to be executed if a parent is unable to attend the hearing. D. Notice of Publication – IL -NC -105 – Notice of hearing on the petition to change the name of the minor(s). This should be published in the newspaper prior to the hearing. E. Judgment Order – IL -NC -104 – This is the 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. F. Notice of Hearing on Petition to Change Name of a Minor – IL -NC -109 – Formal notice to parent or guardian of the Petition for Name Change of a Minor. If you did not order a completion package 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 ILLINOIS A. Preliminary Note: 1. The attached forms may be completed by: a. Printing the forms and completing by hand. Use black ink and print neatly. 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. 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 name of the court and the full name of the Petitioner. The “Action/Cause No.” will be assigned by the court clerk at the time of filing. 5. Forms that require your 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, last name. 6. When a form is filed with the court, request the clerk “file- stamp” one copy of the form for your file. 7. A Law Summary is available and can be printed for your State. To do so, go to the end of this package and select the Law Summary link under the form title and print. 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: Take your forms to the courthouse and file the completed Notice of Filing of Petition for Change of Name. Select a date to file the Petition at least 8 weeks in the future. This gives the newspaper at least two weeks to put the Notice in the paper and still have six weeks from the first publication before your scheduled filing date. Publish your completed Notice of Publication in a newspaper of general circulation for 3 successive weeks. Bring two (2) copies of the notice of publication form and be prepared to pay for any publication costs. This publication is not required for a change of name of a minor if, prior to entering the Judgment of Name Change, reasonable notice is provided to any parent with parental rights. When the Notice has been publication for three (3) consecutive weeks, service is complete. Your proof that the Notice has appeared in the newspaper for three (3) consecutive weeks is the Certificate of Publication. Since it is provided by the newspaper, this form is not included in the packet. After the period of publication has passed, the newspaper should send you, or the clerk, the Certificate of Publication. The Certificate is a form that the newspaper completes which certifies that the Notice ran for three consecutive weeks and includes a copy of the Notice as it appeared in the newspaper. Ask the clerk whether the notice is sent to you or the clerk. NOTE: For a minor name change, publishing notice in the newspaper is NOT necessary if: 1. Both parents are present for the hearing; or 2. There is an affidavit from the absent parent acknowledging receipt of a copy of the Petition, Waiving any further notice and right to be present, and consenting to the name change. Step 3: Appear on the day you chose to file your Petition and file it with the Clerk. After filing, the Clerk will direct you to a courtroom to request your name change. Appear as directed by the Clerk and present the Order to Change Name to the Court. At the hearing, any persons objecting to the requested Name Change will be heard by the Court; and the Court may examine, upon oath, the Petitioner(s) or other persons concerning the Petition. Step 5: After the Order has been signed by the Judge, file your Order with the clerk and obtain a certified copy or copies of the Order from the Clerk. You are now ready to notify appropriate persons and governmental agencies of the change. LAW SUMMARY You may access the law summary by going to this URL address: http://www.uslegalforms.com/il/IL-NAME-2.htm DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Illinois. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, expr ess or implied, as to their legal effect and completeness. Please use at your o wn risk. If you have a serious legal problem we suggest that you consult an attorne y. 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. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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