Legal Question in Family Law in Virginia

Name Change for my Daughter (Judge referencing Next Friend)

I am attempting a name change for my minor daughter without counsel and have already notified the other parent with an ad in the newspaper. Re: the Order, everything is apparently fine with this exception. The Judge sent me a letter stating the Order hasn't been entered because ''... your Petition shows Petitioner as (my name) and is styled as: 'In the Matter of the Application of (my name), natural Mother of the minor child (daughter's name).''' He then says ''In the case of a minor child, the petitioner's 'next friend' may make application for a name change. A motion and order are needed to amend your petition to show that application is made by the child's parent and next friend.'' Can a parent alone not make this petition, meaning I *have* to add the word’s Next Friend? Or am I erroneously calling myself Petitioner, or is it something else altogether? Again, the birth father has been properly notified and I believe if I can just get the wording correct on the Order / Petition, the judge will enter the order. Thanks so much for any insight you can give, and for this very beneficial service.


Asked on 7/30/05, 1:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Name Change for my Daughter (Judge referencing Next Friend)

You would be well advised to amend your petition to change your daughter's name in precisely the manner which the judge has suggested.

To further assist you with this matter, there is a booklet which you can pick up at the clerk's office(civil division) of your local circuit court entitled "Name Change For A Minor" which has forms with instructions as to how you should proceed with this matter on your own and without the assistance of counsel.

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Answered on 8/01/05, 12:04 am


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