Fill and Sign the North Carolina Minor Name Change Minor Name Change Form

Prepared by U.S. Legal Forms, Inc. Copyright 2017 - U.S. Legal Forms, Inc. STATE OF NORTH CAROLINA NAME CHANGE MINOR PACKET Control Number – NC -NAME-2 This packet contains the following: 1. Instructions; 2. Forms List; and 3. Access to North Carolina Law Summary. -1- I. EXPLANATION OF PETITION FOR CHANGE OF NAME A. In North Carolina an action for a Minor Name Change is brought by the Parent(s), Guardian, or next friend of a minor on behalf of the minor. The action for a court ordered Minor Change of Name begins with the posting of the Notice of Intent to Change Name in the courthouse for ten (10) consecutive calendar days. The forms in this packet include the necessary information for a Minor Name Change in the State of North Carolina. B. You can use this packet if: ► You have good and sufficient cause for the requested change of name. ► You are not changing the minor’s name to avoid debts or defraud creditors. C. If a non-party parent is living the consent of that parent must be obtained unless: 1. The Petitioner files with the Clerk of the Court a copy of an order of a court finding that the non-party parent has abandoned the minor. If possible, this should be a certified copy of the court order. 2. If a court of competent jurisdiction has not declared the minor to be an abandoned child, the clerk, on 10 days' written notice by registered or certified mail, directed to the last known address of the parent alleged to have abandoned the child, may determine whether the parent has abandoned the child. If the non-party parent denies that he or she abandoned the child, this issue of fact shall be transferred to a judge and determined as provided in G.S. 1-301.2. If abandonment is determined, the consent of the parent is not required. Upon final determination of this issue of fact, the proceeding shall be transferred back to the special proceedings docket for further action by the clerk. If it is determined that the minor has not been abandoned by the non-party parent, the name change will not be ordered by the Clerk. 3. But, a minor who has reached the age of 16 years, upon proper application to the clerk, may change his or her name with the consent of the parent who has custody of the minor and has supported the minor, without the necessity of obtaining the consent of the other parent, -2- when the clerk of court is satisfied that the other parent has abandoned the minor. II. 4. If a non-party parent is involved, as discussed in 2, complete the Affidavit in Support of Minor Name Change and submit to the clerk at the time the initial papers are filed. 5. If both parents are listed on the birth certificate, one parent may not change the name of the child without the consent of the other parent. If only one parent is listed on the birth certificate it is not necessary to obtain the consent of the alleged father but you must submit an affidavit form from the Department of Human Resources that no acknowledgement of paternity has been received. WHAT FORMS ARE INCLUDED A. Special Proceedings Cover Sheet - (NC-NC-103) This document provides the court with certain information about the parties. B. Notice of Intent to Change Name - (NC-NC-200) Notice that you intend to bring your Petition for Change of Name for hearing. This must be posted in the manner described below. C. Petition for Name Change - (NC-NC-107) This document states the reasons and other required details for your name change. D. Consent for Name Change - (NC-NC-202) This document provides the consent of an individual who is not a party to the cause of action. E. Affidavit of Good Character - (NC-NC-202 and NC-NC-202-2) This document provides proof of the good character of the petitioner. The form is only used for minors 16 and over. It must be signed before a notary by an unrelated adult who resides in the same county as the minor. F. Affidavit in Support of Petition for Minor Name Change - (NC-NC-203) This document provides the consent of a non-participating parent or guardian to the name change of a minor. G. Order And Certificate Of Name Change - (NC-NC-106) This document finalizes the requested name change and provides proof that the adult’s name has been changed. 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. -3- Note: This package contains forms for use throughout your State. However, some Counties, or Judges may require a different form, or modification 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) FOR THE STATE OF NORTH CAROLINA A. Preliminary Note: 1. The attached forms may be completed by: a. b. c. B. Printing the forms and completing by hand. Use black ink and print neatly. Printing the forms and completing using a typewriter. 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, and last name. 6. When a form is filed with the court, request the clerk “filestamp” 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 where you located 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. Procedure -4- Step 1: Complete all the forms using complete names – middle names instead of middle initials. A Petition for the name change of a minor child may be filed by the child's parent or parents, guardian, or “guardian ad litem”. This application may be joined in the application for a change of name filed by the parent or parents. If a non-party parent is involved, the party parent should complete an Affidavit in Support of Minor Name Change and submit to the clerk at the time the initial papers are filed. If the minor is 16 years of age or older, the applicant must also file with the Petition two Affidavits of Good Character, which proof must be made by at least two citizens of the county who know his standing. Proof of good character is not required when the application is for the change of name of a child under 16 years of age. Step 2: Once your documents have been reviewed by the Clerk’s office, the Order and Certificate of Name Change will be signed in triplicate. Form AOC-SP-601/DHHS 1053 – “Order And Certificate Of Name Change” - is a Bureau of Vital Records “chemical carbon form” and unavailable in electronic format. The original of the “Order And Certificate Of Name Change” form will be filed by the Clerk’s office with North Carolina Vital Records. A true copy will be mailed to you and a copy will remain in the court file. We have also included form “Order and Certificate of Name Change” – (NC-NC-104) – as a Word document. Generally, the court will also execute this document. Certified copies of this Word document can then be used as proof of the name change. Additional information regarding the Affidavit in Support of Minor Name Change: 1. Review Step One on page 4 and 5. 2. From a reading of the statute it would appear that, if the non-party parent does not join in or consent to the name change, and there is no court order -5- holding the parent to have abandoned the minor, then the issue of notice must be dealt with through the Clerk of the Court. 3. 4. If the minor is 16 years or older, notice will not be required if the Clerk is satisfied that the non-party parent has abandoned the child. If the minor is under age 16, then the Clerk is required by the statute to provide the non-party parent 10 days notice of the Hearing and inquire if the non-party parent admits or denies abandoning the child. If the non-party parent denies abandoning the child then a hearing will be held to determine the issue. If the non-party parent admits the abandonment or fails to respond, the issue will be settled by the clerk. 5. If the non-party parent denies abandonment, the Clerk will transfer the case to a Judge and a hearing will be held. The Judge can choose to address only the issue of abandonment which prompted the transfer from the Clerk or the court can deal with all the issues arising in the “special proceeding” for the name change of the minor. In effect, the name change process can be done in one hearing which includes the issue of notice to a non-party parent. 6. The key factor in determining whether the non-party parent is entitled to notice of the name change action is whether the minor has been abandoned by the non-party parent. Abandonment has been defined as “wil[l]ful neglect and refusal to perform the natural and legal obligations of parental care and support”. It has been held that if a parent withholds his presence, his love, his care, the opportunity to display filial affection, and wil[l]fully neglects to lend support and maintenance, such parent relinquishes all parental claims and abandons the child. Pratt v. Bishop, 257 N.C. at 501, 126 S.E.2d at 608. 7. Complete the Affidavit in Support of the Name Change Action with the above issue in mind. 8. If the party parent feels the minor is sufficiently mature, the minor may also execute an affidavit regarding the abandonment issue and the desire for a name change. -6- 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 see 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 visible. 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 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 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/nc/NC-NAME-2.htm -7- DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of North Carolina. 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. 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. 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