Legal Question in Family Law in North Carolina

If your son is 6 years old, does the other parent consent to the name change?

Do you necessarily need a lawyer? No. But don't purchase documents online. I have no idea where you are getting the documents or if they are even valid in North Carolina.

Many counties have name change packets. Before buying online forms, I would go to your county clerk and see if they have a name change packet. If they don't try a surrounding county or a larger county. Mecklenburg or Wake County may have the forms, for example. If they have them, the requirements are much the same. Just change the name of the county to your county.

Name changes are not all that expensive and if you don't follow the rules then the court is going to dismiss your case and you will have to start again. You will be expected to follow the same rules as all the lawyers and neither the clerk nor the judge is obligated to act as your attorney. I would search and see if you can find an attorney who will do this correctly for a reasonable fee.

However, below are the NC statutes as well as the forms from Wake County which can help you.

� 101‑2. Procedure for changing name; petition; notice.

(a) A person who wishes, for good cause shown, to change his or her name must file an application before the clerk of the superior court of the county in which the person lives, after giving 10 days' notice of the application by publication at the courthouse door.

(b) The publication in subsection (a) of this section is not required if the applicant:

(1) Is a participant in the address confidentiality program under Chapter 15C of the General Statutes; or

(2) Provides evidence that the applicant is a victim of domestic violence, sexual offense, or stalking. This evidence may include any of the following:

a. Law enforcement, court, or other federal or state agency records or files.

b. Documentation from a program receiving funds from the Domestic Violence Center Fund, if the applicant is alleged to be a victim of domestic violence.

(c) The application and the court's entire record of the proceedings relating to the applicant's name change is not a matter of public record where the applicant has complied with subsection (b)(1) or (b)(2) of this section. Records qualifying under this subsection shall be maintained separately from other records, shall be withheld from public inspection, and may be examined only by order of the court or with the written consent of the applicant.

(d) An application to change the name of a minor child may be filed by the child's parent or parents, guardian, or guardian ad litem, and this application may be joined in the application for a change of name filed by the parent or parents. Nothing in this section shall be construed to permit one parent to make an application on behalf of a minor child without the consent of the other parent if both parents are living; except that 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, when the clerk of court is satisfied that the other parent has abandoned the minor. A change of parentage or the addition of information relating to parentage on the birth certificate of any person is governed by G.S. 130A‑118.

The consent of a parent who has abandoned a minor child is not required if a copy of an order of a court of competent jurisdiction adjudicating that parent's abandonment of the minor if filed with the clerk. 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 parent denies that the parent abandoned the child, this issue of fact shall be transferred 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.

� 101‑3. Contents of petition.

The applicant shall state in the application his true name, county of birth, date of birth, the full name of parents as shown on birth certificate, the name he desires to adopt, his reasons for desiring such change, and whether his name has ever before been changed by law, and, if so, the facts with respect thereto.

Name Change of a Minor Child (Under 16 years of age)

A minor child's parent(s) or legal guardian may file an application to change the minor's name. However, the name of a minor child may not be changed without the consent of both parents (if living), unless no father is listed on the birth certificate and the child has not been legitimized by the father. If there is no father listed on the birth certificate, the child must be at least one year old to complete the name change and a Birth Certificate issued within 30 days of the name change request. (One can always request an updated Birth Certificate from Vital Records (Click here: http://vitalrecords.dhhs.state.nc.us/vr/index.html) If you are unable to obtain the consent of an absent parent, you will need to consult competent legal counsel to help you with the name change. Neither the ten (10) day Notice posting nor Affidavits of character are required for name changes of a minor child. Please bring the birth certificate and identification of the parents

http://web.co.wake.nc.us/courts/documents/Name_Change_Forms.pdf