How to Properly File a Petition to Change a Child's Name
Good afternoon,
after a temporary orders hearing it was ordered that the opposing party would not oppose any name change I proposed. I filed these documents with the court: http://texaslawhelp.org/files/685E99..._kit_final.pdf
A few things have happened since and I want to make sure I'm proceeding correctly.
- The judge didn't do anything
- Opposing council has sent these communications with me responding to each. It has been a month since with no reply from them:
The Court's registry of action shows that you filed a petition and proposed order for the name change of Max.
I was not served with these filings as required by the Texas Rules of Civil Procedure.
Please send or email me a copy of your filings and I will review them and determine if the order can be agreed.
Max's middle name is spelled Maximilian, not Maximillion.
Please submit an amended petition and an amended proposed order and serve us with copies of each.
I review of your Petition for Name Change reflects an outdated address
for Ms. Wagganer and Max. It is my understanding that Ms. Wagganer
proveded you a new address. Will you please update the Petition for Name
Change to reflect the current address?
- It is my understanding that I need to refile with the court, then serve him with new stamped paperwork from the court in order for him to comply. The old filings unfortunately didn't have correct information on them so I assume they will just become void? Any other steps I'm missing here?
Thanks,
Re: How to Properly File a Petition to Change a Child's Name
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It is my understanding that I need to refile with the court, then serve him with new stamped paperwork from the court in order for him to comply. The old filings unfortunately didn't have correct information on them so I assume they will just become void?
Superseded by the corrected filings, basically.
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Any other steps I'm missing here?
I think what you are missing is that the opposing party who was ordered not to oppose the name change is actually opposing the name change by nitpicking your filings until you reach the end of your rope and quit trying.
I suspect that he will find something wrong with your next set of filings, too.
You can prove me wrong by asking him to just provide a written consent to the name change for you to submit to the court so you can get the name change done. See how that goes.
Re: How to Properly File a Petition to Change a Child's Name
Social Security and Birth Certificate Have Different First Name
I apply to get my Son a Passport but I have nit change her Social Security.
Please someone help me do you think that will affect to get my son passport if he has a different last name on his social security?
Re: How to Properly File a Petition to Change a Child's Name
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Quoting
adjusterjack
Superseded by the corrected filings, basically.
I think what you are missing is that the opposing party who was ordered not to oppose the name change is actually opposing the name change by nitpicking your filings until you reach the end of your rope and quit trying.
I suspect that he will find something wrong with your next set of filings, too.
You can prove me wrong by asking him to just provide a written consent to the name change for you to submit to the court so you can get the name change done. See how that goes.
So I'd send him an email saying provide consent. There is nothing forcing him to do this or even reply to the email.
So in the kit there is an order and petition which both have to be signed by the other side and notarized. Can her attorney sign for her on these documents because I can remove her name from the information where it lists the co-petitioner and leave blank for her attorney to sign and notarize and make him aware by emailing him the documents upon filing?..good plan?
Quote:
Quoting
adjusterjack
Superseded by the corrected filings, basically.
I think what you are missing is that the opposing party who was ordered not to oppose the name change is actually opposing the name change by nitpicking your filings until you reach the end of your rope and quit trying.
I suspect that he will find something wrong with your next set of filings, too.
You can prove me wrong by asking him to just provide a written consent to the name change for you to submit to the court so you can get the name change done. See how that goes.
Also would I nee to file both the petition and the order or just file the petition and serve him with the stamped petition and blank order for signature because there is no point that I see submitting the order to the judge without the other party signature right?
Re: How to Properly File a Petition to Change a Child's Name
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Quoting
laura201993
Social Security and Birth Certificate Have Different First Name
I apply to get my Son a Passport but I have nit change her Social Security.
Please someone help me do you think that will affect to get my son passport if he has a different last name on his social security?
laura, you need to start a new thread asking your question.
Re: How to Properly File a Petition to Change a Child's Name
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So I'd send him an email saying provide consent. There is nothing forcing him to do this or even reply to the email.
Correct.
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So in the kit there is an order and petition which both have to be signed by the other side and notarized. Can her attorney sign for her on these documents because I can remove her name from the information where it lists the co-petitioner and leave blank for her attorney to sign and notarize and make him aware by emailing him the documents upon filing?..good plan?
No.
An attorney is not going to sign anything for his client.
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Also would I nee to file both the petition and the order or just file the petition and serve him with the stamped petition and blank order for signature because there is no point that I see submitting the order to the judge without the other party signature right?
You file the petition with the prepared order but you don't file either without the other party's signature on the petition.
The guide you posted earlier says:
"First, you file the Original Joint Petition For Child’s Name Change. The petition must be signed by both of the child’s parents, and any other person who has been given legal rights to your child in a court order. Everyone’s signature must be notarized.
Texas Family Code, Section 45.002."
According to that you don't file the petition until it's got the notarized signature of both parties, then you file it along with the prepared order.
He's been ordered by the court not to oppose the name change. That order sticks.
By your own admission there were errors in the original petition. Redo the petition correctly with your notarized signature and space prepared for his. Send the original and a couple of duplicates to his lawyer so his lawyer can get his notarized signature on the petition.
There's no sense in filing anything with court without both signatures because nothing will happen without both signatures.
If your ex comes back with more nitpicking or fails to sign you are free to file for contempt, get him in front of a judge, and have the judge order him to sign on the spot.