South carolina minor name change minor name change form
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Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF SOUTH CAROLINA
NAME CHANGE
MINOR PACKET
Control Number – SC -NAME-2
This packet contains the following:
1.
Instructions;
2.
Forms List; and
3.
Access to South Carolina Law Summary.
I.
EXPLANATION OF PETITION FOR CHANGE OF NAME
A.
B.
In South Carolina, an action for a court ordered Change of Name
begins with the filing of a Petition in the Family Court of the
appropriate Circuit. The Petition must contain certain information.
The forms in this packet include the necessary information for a Minor
Name Change in the State of South Carolina.
You can use this packet if:
►
►
►
II.
If the individual receiving the change of name is less than 18
years of age and have been a resident of the county in which
the Petition is filed.
There is proper and reasonable cause for the requested change
of name.
The Minor’s name is not being changed to avoid debts or
defraud creditors.
WHAT FORMS ARE INCLUDED
A. Family Court Coversheet Name Change – (SC-NC-104) This document
states the reasons and other required details for your name change.
B. Petition for Change of Name and Amendment of Birth Certificate – (SCNC-103) This document states the reasons and other required details
for your name change.
C. Consent to Change of Name – (SC-NC-106) This document provides the
written consent of any necessary individuals who are not party to the
action.
D. Order Appointing Guardian Ad Litem – (SC-NC-107) This document
appoints a guardian ad litem for the minor child.
E. Motion to Waive Filing Requirement – (SC-NC-108) This document
requests the court allow waiver of the necessity of a filing requirement.
F. Order Regarding Motion to Waive Filing Requirement – (SC-NC-109) This
document allows for the waiver of the filing requirement.
G. Order and Certificate of Name Change and Amendment of Birth Record –
(SC-NC-110) 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.
H. Waiver and Consent – (SC-NC-111) This form is used to submit the
consent of the non-party parent to the court. It is used with the
Motion to Waive Filing Requirement and the Order Regarding Motion to
Waive Filing Requirement.
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 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
SOUTH CAROLINA
A.
Preliminary Note:
1.
The attached forms may be completed by:
a.
b.
c.
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, 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 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. Attach a copy of the
minor’s birth certificate.
The parent(s) of a minor may bring the action for name
change on behalf of the minor. Both Parents should act
as Plaintiffs unless there is only one parent listed on the
Certificate of Birth or one parent is deceased.
If the non-joining parent consents to the name change he
or she may execute the Consent to Name Change which
is then filed with the Petition.
If the non-joining parent refuses to consent or is
unavailable, then the Motion to Waive this requirement
should be completed and filed with the Petition.
Step 2:
File the Petition and other forms in the Family Court in
the Circuit in which the minor resides and pay the
appropriate fee.
Step 3:
After filing the Clerk will advise you how a hearing will be
set and if publication of any notice is required. Follow the
directions of the Clerk.
Step 4:
Appear as directed by the Clerk. 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:
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 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 file for this package can be located at the following address:
http://www.uslegalforms.com/sc/SC-NAME-2.htm
DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and
forms for the State of South 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.
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. 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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FAQs
Here is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
The process for a South Carolina Minor Name Change Minor Name Change involves submitting a petition to the court, along with necessary documentation. You will need to provide proof of the minor's identity and the reason for the name change. Once the petition is filed, a hearing will be scheduled where you can present your case.
The cost of a South Carolina Minor Name Change Minor Name Change can vary depending on court fees and any additional costs for legal assistance. Typically, you can expect to pay a filing fee, which may range from $100 to $200. It's advisable to check with your local court for the most accurate fee structure.
To initiate a South Carolina Minor Name Change Minor Name Change, you will need the minor's birth certificate, proof of residency, and any relevant identification. Additionally, you may need to provide documents that support the reason for the name change, such as court orders or parental consent forms.
Yes, both parents must consent to a South Carolina Minor Name Change Minor Name Change unless one parent has sole custody. If one parent does not agree, the court may require a hearing to determine if the name change is in the best interest of the child. It's important to gather all necessary consent forms before filing.
The duration of the South Carolina Minor Name Change Minor Name Change process can vary, but it typically takes several weeks to a few months. After filing the petition, the court will schedule a hearing, and you may need to wait for a judge's decision. Factors such as court schedules and additional documentation can affect the timeline.
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