Can I file one petition to change all the names of my children in Utah?
Full Question:
Answer:
Utah does allow a single petition to be filed to change the names of several members of one family, including minors. Please see the link at the bottom of this answer which will take you to the package of forms offered by USLegalforms to change the names of a family in Utah.
A person who has not attained the age of 18 years is considered a minor.
The court must find that there is proper cause for the requested name change and it is consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
The court may consider the wishes of a child old enough to express their wishes in considering whether to grant the Petition.
The Court has discretion as to the type and form of notice of the Petition that can be required of the Petitioner before the hearing on the requested change of name. The parents, and legal guardian, if any, are likely candidates for court ordered notice. The Court may elect for notice by publication in a newspaper of general circulation within the jurisdiction or notice by service of process.
For an order of name change to be granted, the court must find proper cause for the change and also find it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
The Court will decide and notice may be required to the general public by way of publication or service on specific individuals.
Any reasonable objections made to the court may influence the court’s findings as to whether there is proper cause for the requested change of name and whether the change of name is consistent with the public interest.
The procedure for obtaining a change of name generally involves the filing of a Petition in the district court of the county where the Petitioner resides. The Petition informs the court:
(1) The cause for which the change of name is sought;
(2) The name proposed; and,
(3) That Petitioner has been a bona fide resident of the county for the year immediately prior to the filing of the petition.
The Court will then determine what if any notice of the Petition must be given and the method for giving the notice. Generally this will be publication in a newspaper of general circulation in the County in which the Petitioner resides, but it may entail personal service on named individuals.
Upon the filing of proof of satisfaction of the required notice, the Court will proceed to a hearing. If the Court is satisfied as to the truth of the allegations of the Petition and that proper cause exists for the requested name change, the Petition will be granted and an Order of Name Change issued.
