Childs Name Change In The State Of Kansas
My question involves name change laws in the State of: kansas
My brother has been in prison for the last 7 years but we have made sure that he is in constant contact with his son that is now 14 and we his family have always mantained a relationship with his son and help out financially as often as possible. His mother is now threatening to have his entire name changed before his father gets out next year. My nephew is named after his dad and does not want this to happen and not sure what can be done since his dad is not on his birth certificate. I was wondering if anything can be done to stop her and if so what?
Re: Childs Name Change In The State Of Kansas
Father has rights but with him in jail it tough for him to protest. You (or someone) might hire him an Attorney to help him protect his rights as a Father
Re: Childs Name Change In The State Of Kansas
The general Kansas name change statute provides,
Quote:
Quoting Kansas Name Change Law
60-1401. Jurisdiction and costs.
The district court shall have authority to change the name of any person, township, town or city within this state at the cost of the petitioner without affecting any legal right.
60-1402. Change of name of person; notice; order.
(a) Petition. A petition may be filed in the county in which the petitioner resides stating:
(1) That the petitioner has been a resident of the state for at least 60 days,
(2) the reason for the change of name, and
(3) the name desired.
(b) Notice. Service of notice of the hearing may be made either by mail or by publication, in the discretion of the court. If notice is directed by publication, such notice shall be published as provided in subsection (d) of K.S.A. 60-307, and amendments thereto; and if notice of hearing is directed to be given by mail, service of notice may be made by registered or certified mail to parties of interest, as prescribed by the court.
(c) Order. If upon hearing the judge is satisfied as to the truth of the allegations of the petition, and that there is reasonable cause for changing the name of the petitioner the judge shall so order.
60-1403. Municipalities.
A petition for the change of name of any township, town, or city may be filed in the district court of such county, signed by a majority of the legal voters of such body, setting forth the cause why such change is desirable and the name to be substituted. The court, upon being satisfied by proof that the prayer of the petitioners is just and reasonable, that notice as required in the foregoing section has been given, that the petitioners are legal voters of such township, town, or city and that they desire the change, and that such change will not result in an objectionable confusion of names within the state, may order the change prayed for in such petition.
That statute, as I read it, does not rule out a petition by a minor but contemplates that the petitioner desires the name change. I don't know how a Kansas court would respond to a parent as petitioner, where the child's wishes were not made known to the court. I suspect that if, at the hearing, a fourteen-year-old expressed that he opposed the petition to change his name, a court would deny it.
There may be other applicable statutes or authority as well, but the site I use to look at national case law is down at the moment.