Can a wife change her child's name, from a former marriage, to her new name without her new husband adopting him?
Full Question:
Answer:
In Alabama, a person may change their name by filing an action in the Probate Court with appropriate forms.
Is there any reason why a person might not be allowed to change his or her name?; Yes. The court must find that the requested name change 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. A timely objection by a parent presenting sufficient reason to consider the name change not in the best interest of the child may result in the court denying the Petition.
Requirements for Name Change Order: For an order of name change to be granted, the court must finds sufficient reasons for the change and also find it consistent with the public interest.
Can individuals "object" to my Petition for Name Change?; Yes. Any reasonable objections made to the court may influence the court's findings as to whether the change of name is consistent with the public interest.
After the court grants my Petition for Change of Name, may I obtain a new birth certificate? Yes. Contact the Bureau of Vital Statistics in Montgomery, AL for information on the procedure to follow.
Procedures: The process for obtaining a name change for in the State of Alabama begins with the filing of a Petition and Declaration for Change of Name with the Probate Court in the jurisdiction in which Petitioner resides. The Petition informs the Court of the Petitioner's name and the name the Petitioner wishes to adopt.
After the Petition is filed and the required fee is paid, the Court may or may not set the Petition for a hearing. If a Hearing is scheduled, the Court may inquire into the ircumstances surrounding the Petition and the reasons for the name change request. If, from the Petition and Declaration, with or without a hearing, it appears to the court that the Petitioner is entitled to the requested relief, the court will issue a Decree Confirming eclaration as to Change of Name. Thereafter the Petitioner is entitled to use the new name.
See Alabama Name Change - Packages; Control # AL-NAME-2
Also see; AL-NC-102;(Name Change - Alabama) -- Petition for Name Change - Minor, Family