Does a Name Change of a Minor Terminate Parental Rights?
Full Question:
Answer:
A name change alone will not terminate parental rights, however it may be done in conjunction with an adoption or court action establishing paternity, etc. A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent is unfit and/or poses a threat of harm to the child. The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child, or the parent is convicted an a child abuse offense. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support.
In Ohio, both parents may file a consent to the name change, but an objecting parent needs to be given notice and an opptunity to appear and object to the change. The need for a legal name change may result from marriage, divorce, adoption or simply a desire to have another name. Generally, you cannot change your name for a fraudulent purpose, such as avoiding debts. Means of changing your name generally include usage (in some states using a name as your own has the affect of making it your name); court order (a court order is recommended to change your name and is required by most states); or a marriage certificate as proof of name change.
In Ohio, a person who has resided in the county for at least a year may file a petition for name change in the probate court where he resides. If you have been a resident for 2 years, you may file a petition in your local probate court.
The following is an Ohio statute:
§ 2717.01. (A) A person desiring a change of name may file an application
in....
(A) A person desiring a change of name may file an application in
the probate court of the county in which the person resides. The
application shall set forth that the applicant has been a bona fide
resident of that county for at least one year prior to the filing of
the application, the cause for which the change of name is sought, and
the requested new name.
Notice of the application shall be given once by publication in a
newspaper of general circulation in the county at least thirty days
before the hearing on the application. The notice shall set forth the
court in which the application was filed, the case number, and the date
and time of the hearing.
Upon proof that proper notice was given and that the facts set forth
in the application show reasonable and proper cause for changing the
name of the applicant, the court may order the change of name.
(B) An application for change of name may be made on behalf of a minor
by either of the minor's parents, a legal guardian, or a guardian ad
litem. When application is made on behalf of a minor, in addition to the
notice and proof required pursuant to division (A) of this section, the
consent of both living, legal parents of the minor shall be filed, or
notice of the hearing shall be given to the parent or parents not
consenting by certified mail, return receipt requested. If there is no
known father of the minor, the notice shall be given to the person who
the mother of the minor alleges to be the father. If no father is so
alleged, or if either parent or the address of either parent is unknown,
notice pursuant to division (A) of this section shall be sufficient as to
the father or parent.
Any additional notice required by this division may be waived in
writing by any person entitled to the notice.
