Legal Criteria for Approval
When considering a name change in Louisiana, it’s important to understand the legal requirements and criteria that apply. In Louisiana, you can legally change your name by petitioning the local district court. The requirements for petitioners vary depending on the reason for the name change and whether the person petitioning is an adult or a minor.
For adults seeking to change their names, several requirements must be met. You must have been a resident of Louisiana for at least 12 months prior to filing the petition. In addition, you must not have pending criminal charges, or have any felony convictions for which you have not completed your sentence. If you do have felony convictions, you may not legally change your name without permission from the Governor of Louisiana.
If you intend to change the name of someone who is unable to provide permission, such as you would in the case of a minor or an incapacitated adult, the petition must be filed with a declaration from the person or persons who have authority to consent, or a statement from a minor’s parent or tutor showing they have been appointed by the court to represent the best interests of the minor. In addition, you must demonstrate that the name change must be made for the benefit of the person. If the person is over the age of 17 and has committed a felony, there are other restrictions that must be followed as well.
If you are marrying and wish to change your name , the process will be much easier. Your marriage certificate may be used to legally change your name. For a simplified name change process, have your attorney look into the spousal change process for your social security, insurance and bank accounts.
Minors face additional requirements when seeking a name change. The petition must be filed with the consent of both of the minor’s parents. If a parent is deceased, legally incompetent, missing, or fails to respond, the court may grant the petition without the consent of that parent. Also, minors convicted of a felony may not obtain a name change unless they receive a pardon or the right to apply for a name change.
Certain presumptions will be made if the name change is being pursued solely for reasons related to religion or gender. In these cases, the court will presume that the person is not attempting to conceal their identity to escape criminal liability or debt. The exception to this rule is if the names would be offensive or contrary to public policy.
A post-marriage name change is fairly simple for women. After obtaining your witness services wedding license, it becomes your property. In other words, you can change your name to what you would like it to be, even if it is not your maiden name. You can also choose to keep your maiden name or hyphenate. For men, you must go through the process through the aforementioned court petition process in order to legally change your name after marriage.
Submitting the Name Change Petition
To initiate a legal name change, you must file a formal petition with the court in your home parish. This petition must include your correct name, the proposed new name, and the reason for the change. Importantly, you should also include your Social Security number, as this will be used to help keep the records accurate.
You must file the petition in the parish where you’ve actually resided for the entire year prior to the filing. If you meet this requirement, the process is generally straightforward. You and/or your attorney will file the petition with the appropriate civil division of the local district court, and then pay the applicable filing fees (typically between $200 and $250). At this time, you will also file a motion for the judge to allow service by publication.
The judge then signs a rule, which directs the clerk of court to notify everyone listed in the petition so they can show up on the hearing date. The rule is a legal command for people to appear at court, so it takes precedence over the previously applied language of the Civil Procedure Code (LAP 1722).
Legal requirements for the filing of the petition are outlined in Civil Code Procedure article 735 and form 3. You should also be aware that there are additional requirements pertaining to issuing notice of the suit, which are found in Civil Procedure articles 471-479.
In general, the process for filing a name change petition happens in three steps. First, you’ll file a petition with the local court. Then, the judge will sign a rule order that serves as your notice to the public. You can either post it in a local newspaper or mail it directly to anyone you think might want to be notified of the change.
It’s important to utilize numerically sequenced documents as presented in the family law guidelines when filing. Usually, these documents will be submitted as part of an ex parte filing, meaning you submit them all at once.
Finally, you need to make sure the box that states your acknowledgment of the risk of diplomatic or statutory consequences is marked. This is a legal requirement for the processing of any Louisiana name changes.
The Significance of a Court Hearing
The Role of the Court Hearing in Louisiana Name Changes
If you’ve recently been through the process of obtaining a Louisiana change of name, you’re thinking about starting the process or you need to go through it for another family member; this article should give you some insight on the part of the process that involves a court hearing. Once you have gotten through the process of completing all forms, and filing everything with both the court and the newspaper, you will receive a date when the judge will hear the names change petition. It’s pure formality that the judge hears some testimony, usually from just the person who is changing his or her (or their) name. You are sworn in and placed under oath just as you would be if you were called as a witness on a trial. The judge will then ask you to give your name, that you are changing it voluntarily, not to escape creditors and to support your petition. For example, if you are changing your name to be more like a family member’s name, you can state that. The judge may ask you a few more questions, but usually the petitioners are well prepared and everything is straight forward with these cases. After you finish with the judge, you will have to wait for him to sign the order for the new name. He does not usually do it right then. It may take him a week or two. Then you can obtain a certified copy, and move on to changing your name everywhere else!
Actions and Notices Following Approval
After your name change has been granted by the court, you will need to update your Social Security card, driver’s license, and various other personal records. You should be sure to immediately go get a new Social Security card. You will need to present the SS-5 Form, along with a copy of the judgment of the court in all cases, and any other documentation you should need for the change. In addition, you will be able to obtain a new Louisiana Driver’s license or ID card when you go to get your new social security card. You must submit the above documents, as well as proof of identity, age, residency in the State of Louisiana , and proof that you have legally changed your name. You should then notify the following agencies, offices, businesses, etc.: • Your employer • Your Insurance Company • Motor Vehicle Office in your old state (if you have one) • The DMV in any other state you may have had a license from • Credit Bureau • Credit/Debit card companies • Utility Providers • Banks and other financial institutions • Passport Agencies • DMV for any state if you have more than one license • Post Office • Employers • Accountant or Tax Preparer • Professional Licensing Boards • Organizations that you are a member of
Subsequent Steps for Minors
If you are seeking a legal name change for a minor, there are additional steps involved in the process. In Louisiana, minors are required to go through a different procedure to change their name.
The first step in the process is giving notice to the parents of the child. If both parents are alive and have the legal right to demand the child’s return if necessary, then the procedure is as follows:
C. A petition to change the name of a minor shall join as defendants: (1) Both parents if they are living, or the living parent and the surviving grandparents of the minor; and (2) The natural tutrix or tutor of the minor if one has been appointed.
However, if one or more of the other parent is deceased or presently under interdiction, there is a different procedure to follow:
C. If one parent of a minor is absent without having provided for the appointment of a natural tutor, petition for a name change for the minor. Such petition shall join as defendants: (1) The absent parent: if the absent parent is the parent of the minor seeking the name change, the absent parent’s consent shall not be necessary to the name change; and (2) The living parent or other joint tutor.
Once you have the proper notice given to other parties, then the petition for the name change, notice of hearing, judgment, and all other aspects are filed and followed in the same manner as an adult.
We will be following up with a post about the type of evidence it takes to receive a judgment granting a name change. Stay tuned to our blog for the continuing saga!
Common Pitfalls to Avoid
When it comes to petitioning for a name change, there are several common errors applicants make. The best way to avoid these pitfalls is to educate yourself before you file the petition. The first mistake applies if you do not live in the county where you file the petition for name change. For example, if you live in Baton Rouge, you should not file your petition for name change in New Orleans. While this mistake never made sense to us, we have seen it happen to students, real estate investors coming from out of state, and even a nurse looking for a night time gig on the side. Even if you could have gotten it done initially, we know that a hearing will have to be held, witnesses will have to attend to explain why the person is changing their name, and so on and so forth. Simply put, avoid this headach, no just DO NOT FILE IN A PARISH YOU DO NOT LIVE IN, unless you are doing it through counsel with a legitimate reason. And even then, if you work for an employer doing business in that parish we would submit to the Court you do business there. In the alternative , with counsel you could explain the circumstances to the Court.
The second most common error is not publishing timely in the official journal of the parish. Many times, we file petitions for people who have waited until the last minute to publish their name changes. As a result, we will have to publish it ourselves at a cost of anywhere from $160 to $250. We are not attorneys who will hide that cost from you. You will absolutely owe it immediately, and it would be our recommendation to find another attorney if they promise you something different than the expected amount.
The third most common error is in listing the incorrect prior name(s). More often than not, this will be a name of an absent parent of the child asking for the name change. Other times, it is whether you or the other parent of the child are going by a name that is not the full legal name. There is a Louisiana statute instructing the Courts to look at the birth certificate and use the full legal name when submitting the notice for publication. The last thing you want to do is have a claim against you for attempting to change a child’s name without consent of the other parent. This is certainly a mistake you will want to avoid.