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Can You Change Your Name Without Disclosing Your Social Security Number to the Court

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  • 12-30-2012, 06:00 PM
    Patriot88
    Can You Change Your Name Without Disclosing Your Social Security Number to the Court
    My question involves name change laws in the State of: Texas

    All,

    I am currently changing my sister's name back to her maiden name (was not done in the divorce decree).

    That being said, I am ready to file this petition for name change. I believe all court filings are public? If so, shouldn't I be redacting the social security number as it is on the petition? Alternatively, should I be sealing this petition/case for that reason?

    Please advise.

    Thanks in advance!
  • 01-01-2013, 06:02 PM
    PQN
    Re: Can You Change Your Name Without Disclosing Your Social Security Number to the Co
    Shouldn't you have learned this in law school??

    Because if you are NOT an attorney, you are committing a crime:

    Tex Gov't Code § 81.101 defines the practice of law, as follows:
    "(a) In this chapter the "practice of law" means the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing a will, contract, or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined."

    (T)he Palmer court found that the preparation of legal instruments of all kinds involves the practice of law. Palmer 438 S.W.2d at 376. The Texas Supreme Court has since held that the mere advising of a person as to whether or not to file a form requires legal skill and knowledge, and therefore, would be the practice of law. Unauthorized Practice of Law Committee v. Cortez, 692 S.W.2d 47, 50 (Tex.1985).
  • 01-01-2013, 08:58 PM
    Patriot88
    Re: Can You Change Your Name Without Disclosing Your Social Security Number to the Co
    1. I am a first-year attorney.
    2. But I do mostly transactional work.

    Thanks for the input regarding the unauthorized practice of law.

    Does anyone have a real answer for me?
  • 01-02-2013, 06:17 AM
    Mr. Knowitall
    Re: Can You Change Your Name Without Disclosing Your Social Security Number to the Co
    Quote:

    Quoting Patriot88
    View Post
    1. I am a first-year attorney.

    No, you're not.
    Quote:

    Quoting Patriot88
    2. But I do mostly transactional work.

    No, you don't.
    Quote:

    Quoting Patriot88
    Does anyone have a real answer for me?

    Are you done trying to blow smoke up our posteriors?
    Quote:

    Quoting Texas Family Code, Sec. 45.102. Requirements of Petition.
    (a) A petition to change the name of an adult must be verified and include:

    (1) the present name and place of residence of the petitioner;

    (2) the full name requested for the petitioner;

    (3) the reason the change in name is requested;

    (4) whether the petitioner has been the subject of a final felony conviction;

    (5) whether the petitioner is subject to the registration requirements of Chapter 62, Code of Criminal Procedure; and

    (6) a legible and complete set of the petitioner's fingerprints on a fingerprint card format acceptable to the Department of Public Safety and the Federal Bureau of Investigation.

    (b) The petition must include each of the following or a reasonable explanation why the required information is not included:

    (1) the petitioner's:

    (A) full name;

    (B) sex;

    (C) race;

    (D) date of birth;

    (E) driver's license number for any driver's license issued in the 10 years preceding the date of the petition;

    (F) social security number; and

    (G) assigned FBI number, state identification number, if known, or any other reference number in a criminal history record system that identifies the petitioner; (2) any offense above the grade of Class C misdemeanor for which the petitioner has been charged; and (3) the case number and the court if a warrant was issued or a charging instrument was filed or presented for an offense listed in Subsection (b)(2).

    You can verify with the clerk of the court in which you would be filing, how they address confidentiality issues for Social Security Numbers. It is necessary for the court to obtain your number, even if you keep it out of your petition. See Family Code Sec. 45.106. See also Sec. 12(d) of the Texas Rules of Judicial Administration ("Any record reflecting any person's home address, home or personal telephone number, social security number, or family members"), and to the extent necessary Sec. 552.147 of the Government Code.
  • 01-02-2013, 01:46 PM
    Patriot88
    Re: Can You Change Your Name Without Disclosing Your Social Security Number to the Co
    Thanks. I have consulted with a friend of mine who is a divorce attorney. He decided to take care of everything. Thanks!
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