Legal Question in Family Law in Nebraska

Re: Name Changes

Here is a quick paraphrase of the Annotated NE Statutes. If you decide to procede, you should contact a family law attorney in your area to help you through the process.

It is possible to change your childs last name, but you have to prove to a judge that it is in the best interest of the child to do so. The following factors are considered in making the determination:

1. misconduct by one of the child's parents

2. failure to pay child support

3. failure to stay in contact with the child

4. how long the child's current last name been used for or by the child

5. whether the child's last name is different from the custodial parents.

Other factors that a court could consider are:

what the child wants; how a name change might affect his relationship with both parents; community respect associated with the last name; the difficulties, harassment, or embarrassment associated with either the present or proposed last name; and the identification of the child as part of the family unit.

Here is a quick overview of the process.

1. File a petition in the district court in the county where you live saying that you want to change your childs name and why, that you and your child are residents of the county and have been for at least a year, and the new name requested.

2. Publish a notice of the filing of the petition in a newspaper in the county The notice has to be published once weekly for 2 consecutive weeks if the petitioner is a minor.

3. Provide notice of the filing to the non-custodial parent by certified mail within five days after publication.

4. Attend a hearing where you prove that you have taken the legally required steps above.

5. Judge orders a change of name.

Good luck!