Name Change Procedure For A Minor In Dane County printable pdf download

Name Change Procedure for a Minor in Dane County

Introduction

Any resident of the State of Wisconsin, whether a minor or an adult, may upon petition to the circuit court of

the county where he or she resides and upon filing a copy of the notice, with proof of publication, if no

sufficient cause is shown to the contrary, have his or her name changed or established by order of the court.

Eligibility

You must be a resident of Wisconsin, Wis. Statute 786.36(1).

If the person whose name is to be changed is a minor under 14 years of age, this petition may be made by:

1. Both parents if living, or the survivor of them;

2. The legal guardian or person having legal custody of the minor if both parents are dead or if the

parental rights of both parents have been terminated by judicial proceedings.

3. The mother, if the child is a non-marital child who is not adopted or whose parents do not intermarry,

and if paternity of the minor has not been established.

4. One parent of a minor with two living parents and paternity has been established. NOTE: In this

situation, in addition to filing a copy of the required notice with proof of publication, the petitioning

parent must also file a document of the other parent’s consent, proof of service, or proof that a

reasonable attempt to find and provide notice to the non-petitioning party was made with the Court. If

the non-petitioning parent does not appear at the hearing or otherwise answer the petition and notice,

the action may proceed. If the non-petitioning parent appears at the hearing or otherwise answers the

petition and shows that he or she has not abandoned the minor or failed to assume parental

responsibility for the minor, the Court shall require the consent of the non-petitioning parent before

changing the name of the minor. The Response of Non-Petitioning Parent to Name Change of

Minor Child Under 14 (Form CV-480) or the Affidavit of Attempted Service on Non-Petitioning

Parent (CV-465) is available online at the Clerk of Courts website or from the Legal Resource Center

for a small fee.

Documents

The packet includes these required four forms:

1. Petition for Change of Name - Minor child under 14 (CV-455)

2. Notice and Order for Name Change Hearing (CV-460)

3. Order for Name Change (CV-470)

4. Form HCF 5021 “Report of Legal Name Change” required for changing WI birth certificates and

other vital records.

**Note: If you have found these instructions online, you will need to print each form individually.

Even if an entire family is requesting to change their last name, each person should complete a separate

set of the required forms. Each family member will be assigned a case number and charged a separate

filing fee, but each case file will be assigned to the same judge. The judge will need to sign separate

Orders for Name Change (CV-470) for each family member.

All forms must be typed or printed in BLACK INK. You must sign the Petition for Change of Name in

front of a Notary Public. Your bank or credit union will notarize documents for you. Make one copy of the

Notice and Order for Name Change Hearing. (You may also wish to make a copy for yourself.)

Last Updated: 8/5/11

Name Change Procedure For A Minor In Dane County