Fill and Sign the Name Change Instructions 497321727 Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF NEW YORK NAME CHANGE FAMILY PACKET [Parent(s) and Minor Child(ren)] Control Number – NY -NAME-3 This packet contains the following: 1. Instructions ; 2. Forms List ; and 3. Access to New York Law Summary . I. EXPLANATION OF PETITION FOR CHANGE OF NAME A. In New York, an action for a court ordered Change of Name begins with the fling of a Petition in the in the County Court or the Supreme Court of the county in which they reside, or, if they reside in New York City, either with the Supreme Court or to any branch of the Civil Court of the City of New York. The Petition must contain certain information. The forms in this packet include the necessary information for a Family Name Change in the State of New York. B. You can use this packet if: ► You are a resident of the county in which you fle. ► There is no reasonable objection to the requested change of name. ► You are not changing your name to avoid debts or defraud creditors. II. WHAT FORMS ARE INCLUDED A. Request for Judicial Intervention – (NY-UCS-840) - This document provides the Court with certain required information needed to categorize the action and collect the proper fees. B. Petition for Family Change of Name – (NY-NC-301) - This document states the reasons and other required details for your name change. C. Order Granting Leave to Change Name – (NY-NC-302) This is the fnal statement of the legalities and terms of your name change. Once this form is signed by the Judge and fled with the court, the name change is efective. D. Publication Notice – (NY-NC-303) - Notice that you intend to seek a name change for publication purposes. E. Certifcate of Service – (NY-NC-304) – This form is used to submit proof that copies of the Petition and other pleadings have been ofcially served on other parties are directed by the court. F. Afdavit of Publication (NY-NC-305) – Sworn statement by ofcial at newspaper afrming that Notice of the Change of Name was published as directed. G. Afdavit – (NY-NC-306) and (NY-NC-307) -This document provides under oath certain information about the Petitioners that is necessary for the court to grant the name change. Principally, the form establishes prior marriages and any pending child support obligations. There are two copies of the forms in the package. Use one of these forms for each adult petitioner. H. Consent to Change Name of Minor – (NY-NC-308 and 309) – by parent(s) or guardian. Two copies are provided and should be completed by both parents. 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 (FAMILY) FOR THE STATE OF NEW YORK 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 “Index No.” will be assigned by court clerk at the time of fling. 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 – frst name, middle name, last name. 6. The following will be required for the initial fling: a. If born in the State of New York, Original or Certifed Copy of Birth Certifcates; b. Self-Addressed/Stamped Envelope; c. Original and Copy of Name Change Order & Petition; d. Request for Judicial Intervention form in Triplicate (Original & 2 copies) no fee necessary; e. Index Number Fee made payable to your county’s County Clerk. When a form is fled with the court, request the clerk “fle- stamp” one copy of the form for your fle. B. Procedure Step 1: Complete all the forms using complete names – middle names instead of middle initials. Step 2: File the Request for Judicial Intervention, Petition, Order, and pay the necessary fee in the in the County Court or the Supreme Court of the county in which they reside, or, if you reside in New York City, either with the Supreme Court or to any branch of the Civil Court of the City of New York. Note that all applications for change of name by persons born in the state of New York shall have attached to such petition either a birth certifcate or a certifed transcript thereof or a certifcate of the commissioner or local board of health that none is available. Step 3: If the court to which the petition is presented is satisfed thereby, or by the afdavit and certifcate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, the court shall make an order authorizing the petitioner to assume the name proposed. Step 4: The Order will also direct the publication, at least once, within twenty days after the making of the order, in a designated newspaper in the county in which the order is directed to be entered of a notice giving notice of the Order and where and when it may be examined by members of the general public. The Clerk will direct you to the appropriate newspaper for publication of the Notice of Name Change. Step 5: After the Notice has been published an Afdavit of Publication must be fled with the Court. The Afdavit of Publication must be fled within 45 days of the issuance of the Order of Name Change. The Afdavit of Publication verifes that the Order of the Court has been complied with and once the Order has been fully complied with the Petitioner is free to assume their new name. Note that an Afdavit of Publication form is included in this package, but many newspapers supply their own form. NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form felds” created using Microsoft Word. “Form felds” 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 see the gray shaded form felds, 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 felds will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fll in the information in the felds. If you need to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. 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 felds. After any required changes and re-protecting the document, click on the frst form feld and enter the required information. You will be able to navigate through the document from form feld to form feld using your tab key. Tab to a form feld 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/ny/NY-NAME-3.htm DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of New York. 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 efect 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 ofered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THE 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. 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