Fill and Sign the Name Change Instructions for Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF WISCONSIN NAME CHANGE PACKET MINOR - UNDER THE AGE OF 14 Control Number – WI-NAME-2 This packet contains the following: 1. Instructions ; 2. Forms List ; and 3. Access to Wisconsin Law Summary. I. EXPLANATION OF PETITION FOR CHANGE OF NAME A. In Wisconsin, an action for a court ordered Change of Name for a minor under the age of 14 begins with the fling 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 (under age of 14) in the State of Wisconsin. B. You can use this packet if: ► You are less than 14 years of age and have been a resident of the county in which you will fle for the required amount of time as reflected in the law summary. ► 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. WHAT FORMS ARE INCLUDED A. Petition for Name Change – (WI-NC-201) This document states the reasons and other required details for your name change. B. Notice and Order for Hearing – (WI-NC-102) This document ofcially sets the matter for hearing. C. Afdavit of Attempted Service on Non-Petitioning Parent (WI-NC-206) – This is a sworn statement regarding an attempt to serve the non- petitioning parent with the Petition and Notice and Order for Hearing. D. Order for Name Change – (WI-NC-104) - This is the actual order of the court granting the name change. Once this form is signed by the Judge and fled with the court, the name change is efective. E. Order Denying Change of Name Change – (WI-NC-106) - This is the actual order of the court granting the name change. Once this form is signed by the Judge and fled with the court, the name change is efective. 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. Note: This package contains forms for use throughout your State. However, some Counties, or Judges may require a diferent form, or modifcation to these forms. If this happens, please consult with your local Court Clerk. If you are required to use additional forms, please advise us by sending an e-mail to orders@uslegalforms.com. III. PROCEDURE FOR CHANGE OF NAME (MINOR UNDER THE AGE OF 14) FOR THE STATE OF WISCONSIN 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 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. When a form is fled with the court, request the clerk “fle- stamp” one copy of the form for your fle. 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 the Petition for Name Change form. Form WI-NC-201 is the Petition for Name Change for a minor under 14 years of age. Please note that a Petition for Name Change must be signed in front of a notary. The form has step-by-step instructions on the left side. If the person whose name is proposed to be changed is a minor under 14 years of age, the petition must be made by: a. Both living parents, the sole surviving parent, or the sole adoptive parent of the minor child. b. One of the parents of the minor child who has two living parents and paternity has been established. c. The mother, and the minor child is a non-marital minor child who is not adopted or whose parents have not married, and paternity of the minor child has not been established. d. The legal guardian/custodian of the minor child because either both parents are dead or the parental rights of both parents have been terminated by judicial proceedings. Once you have flled out the Petition for Name Change form, you should make at least two copies of the completed form. Step 2. Fill out a Notice and Order for Name Change Hearing form. The form WI-NC-102 (CV-460) has step-by-step instructions on the left side. Once you have flled it out, you should make at least two copies of the completed form. NOTE: some counties do not require this form. Complete the form and if the clerk says it is unneeded, then it should be discarded. Step 3. Fill out an Order for Name Change form – WI-NC-104. The form WI-NC-104 (CV-470) has step-by-step instructions on the left side. Once you have flled it out, you should make at least two copies of the completed form. Step 4. File the Petition for Name Change, Notice and Order for Name Change Hearing and Order for Name Change (if required in your county) forms. The original forms and any required copies must be fled and a fee paid to the Clerk of Court in the county where you are fling your case. Exact procedures vary locally, but you will be assigned a date and time for the hearing and some of your copies will be authenticated and returned to you. Step 5. Publish the Notice and Order for Name Change Hearing form in a local newspaper. State law requires publication of third class notice (printed once a week for three weeks) of the Notice of Hearing form in a local newspaper prior to the hearing date. There are ofcial newspapers in many municipalities, but generally you can use any newspaper regularly published at least once a week in the city, village, or town where the petitioner resides . There will be a fee charged for publication. After the publication is completed, the newspaper will provide you with a "Afdavit of Publication”. Follow local court rules for fling the proof of publication with the Clerk of Courts before the hearing date or presenting it at the name change hearing. If one parent is fling on behalf of a minor under 14 whose paternity has been established (1.b., above), have the non- petitioning parent served with a copy of the Petition for Name Change of Name and Notice and Order for Name Change Hearing forms. For the court to hear the case, the non-petitioning parent must be provided with a copy of the Petition for Name Change and Notice and Order for Name Change Hearing far enough in advance of the hearing. A sherif or private process server must attempt to personally serve the non-petitioning parent. You will be charged a fee for this task. Once the documents have been served, you will be sent a proof of service. When proof of service is returned, take the original to the Clerk of Courts for fling after you make a copy of the proof of service for yourself. Bring the document to the hearing. If personal service cannot be accomplished, proof of due diligence in service attempt must be fled with the court. An Afdavit/Certifcate of Non-Service will be sent to you by the sherif or process server and the Afdavit of Attempted Service on Non-Petitioning Parent form WI-NC- 206 (CV-465) can be used to demonstrate attempted service on the non-petitioner. File these documents with the Clerk of Court at or before the frst court date according to local court rules. Step 6. Attend the Name Change Hearing. Be on time and be polite. Don’t get emotional. You must have the original or certifed copy of the birth certifcate for the judge's review. The judge will ask you for the "Afdavit of Publication." If one living parent is fling on behalf of a minor, proof of service or attempted service on the other living parent must also be provided at the hearing. You may be placed under oath and questioned about the information on the Petition. If your petition is granted, the judge will sign the Order for Name Change. If your petition is not granted, the judge will complete an Order Denying Name Change WI-NC-106 (CV-475) . For minors under 14 whose paternity has been established and one parent is the petitioning party , if the non-petitioning parent does not appear at the hearing or otherwise answer the petition, the action may proceed. If the non-petitioning parent appears at the hearing or otherwise answers the petition and shows that he or she has not abandoned the minor, or failed to assume parental responsibility for the minor, the court shall require the consent of the non-petitioning parent before changing the name of the minor. Step 7. File the Order for Name Change according to local court procedure and complete any post-decision activities. File the Order for Name Change with the Clerk of Courts ofce. Follow local procedure for recording a certifed copy of the order in the Register of Deeds ofce in the county where the name change occurred. A fee will be charged. NOTES ON COMPLETING THESE FORMS The form(s) 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. It is also helpful to be able to see the location of the form felds. Go to 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. In order to use the form felds properly, it is necessary to “lock or protect” the document. If you wish to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. This is done by clicking 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 . It is very important to understand that, once the document is unprotected, any data entered in the form felds will be lost when the document is again protected. If changes are necessary, unlock the document, using the password “uslf” if necessary, and make any changes that you feel are required. Then protect the document once again. 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. Inserting date will result in the default line disappearing. You will have sufcient space to enter any required information. LAW SUMMARY The law summary for this package may be located and printed from the following address: http://www.uslegalforms.com/wi/WI-NAME-2.htm DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Wisconsin. 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. 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