Prepared by U.S. Legal Forms, Inc.Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF WISCONSINNAME CHANGE PACKET MINOR - UNDER THE AGE OF 14
Control Number – WI-NAME-2
This packet contains the following:1. Instructions;2.Forms List; and3. Access to Wisconsin Law Summary.
I.EXPLANATION OF PETITION FOR CHANGE OF NAMEA. In Wisconsin, an action for a court ordered Change of Name for a
minor under the age of 14 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 (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 file 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 INCLUDEDA. 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 officially
sets the matter for hearing.
C. Affidavit 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 filed with the court, the name change is effective.
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 filed with the court, the name change is
effective.
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 UNDER THE AGE OF 14)
FOR THE STATE OF WISCONSINA. 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 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 filled 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 filled 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 filled 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 filed and a fee
paid to the Clerk of Court in the county where you are filing 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 official 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 "Affidavit of Publication”. Follow local court rules for
filing 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 filing 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 sheriff 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 filing 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 filed with the court. An Affidavit/Certificate of
Non-Service will be sent to you by the sheriff or process server and the
Affidavit 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 first 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 certified copy of the birth certificate for the judge's review.
The judge will ask you for the "Affidavit of Publication." If one living
parent is filing 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 office. Follow
local procedure for recording a certified copy of the order in the
Register of Deeds office 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 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.It is also helpful to be able to see the location of the form fields. 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 fields will be visible.In order to use the form fields 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 fields 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 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. Inserting date will result in the default line disappearing. You will
have sufficient 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 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
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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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