Legal Question in Family Law in Utah
Name change for minor child
I am a divorced mother of a three year old girl. I want to change my name back to my maiden name and would also like to change my daughters last name to my maiden name. I may be able to obtain permission from my former husband to do this. I want to know if this is allowed in my state and what the process is. I understand that without his permission I probably cannot make any changes of my daughters name but I want to know what the law says if it is agreed upon. I have full legal and physical custody of my daughter.
2 Answers from Attorneys
Re: Name change for minor child
A name change is a simple procedure for an adult and for a child if the father will consent. If not then the father could object and prevent the name change unless you can show good cause. You file a petition for name change, and set it for a hearing and the judge will grant it if you have permission from the father. No permission is required for an adult. You would have to allege that it was for a legal reason, ( not to defraud anyone) and it is pretty routine for the judge to grant it if there is not opposition. Filing fee is $120 to the court. I can prepare the petitions and final papers for$300 for both. I will not be making a court appearance for the final hearing for that amount. You would appear for yourself and as guardian of your child. It is very simple and no attorney is really necessary unless the father were to contest. You might have been able to get your maiden name restored in your divorce decree, if you got your divorce in Utah. You might check with your divorce attorney and see if they can request it or possibly have already had it included in the divorce decree. Please call or email me if you have further questions.
John A. Giffen, (435) 628-4800 [email protected]
Re: Name change for minor child
In Utah you can change your name with or without the consent of your ex. The name of the child can be changed with the consent of the father.
A petition is filed in District Court, which must allege that the change is not being made for any improper purpose, and a filing fee paid. In the case of your daughter, notice must be given to the father and he is entitled to appear.