Who can help me change my daughter's name in NC?

Question

My daughter's birth certificate has an error on it. It is my fault for putting off the correction. According the VA, where she was born, I first have to get a court order for name change where we live now, which is Randolph Co, NC. I've done a name change in VA and it was easy. I called the Clerk of Court here and was told they can't give legal advice, to call a lawyer. I did, he said it was easy, I didn't really need to pay him $300 when I could do it myself. I called the clerk's office back, but they won't tell me anything other than I have to post a notice for ten days. They won't even tell me what is required to be on that notice. They say that it is giving legal advice. I want to do this myself, I just need to find out what the steps and requirements are to change my daughter's name in Randolph Co, NC. The only thing I found online so far is the template for the Petition for Change of Name of a Minor. I need to know what else I have to do. Thank you for any and all assistance.

Most importantly, I need to know what has to be on the posting. What specifically, because the Clerk's office won't tell me. After I do the posting, I think I am okay. Since she is a minor, I don't need statements of character. I can just go in with the Petition and the carbon form after the 10 days.

Answer 1

As provided for in N.C.G.S. Chapter 101, an individual, for good cause shown, may change his or her name by filing an application before the Clerk of Superior Court of the county in which they reside. In order to obtain a name change, the following documents are needed:

A Notice of name change
A Petition for name change
2 Affidavits of character from people who live in the same county as you
An original/certified copy and a photocopy of your Birth Certificate
An Order and Certificate of Name Change , which needs to be completed in triplicate. There is
one pink copy, which will serve as the original, and two white copies (AOC-SP 601 form).
A fee of $40 (cash)
Wake County requires a photocopy of your Driver's License or NC ID card and a copy of your
Social Security card . An affidavit and some other proof of ID will be required if you do not have
any of those documents.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-2.html 3-3-2005

http://web.co.wake.nc.us/courts/namechanges.html
Wake County Civil Court information

NOTICE:
A name change Notice must be posted at the designated location in the courthouse in the county where the applicant resides for ten (10) consecutive calendar days before applying for a name change. (In Wake County, that is the bulletin board located next to the street level entrance to the Courthouse.) Keep a copy of the notice for your files in case the copy you post is removed or lost. Although it is not required, it is suggested that before posting the notice, you take it to the Clerk of Court's Office to obtain an official date stamp so that there will be no question as to your compliance with the ten (10) day notice period.

PETITION :
Your Petition for the name change must be signed in the presence of a Notary with their seal affixed to it. The Petition must contain:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-3.html 3-3-2005

Your true name as it appears on your birth certificate
County of birth, City and State of Birth/Country of Birth
Date of birth
Your father's full name and your mother's maiden name as it appears on your
birth certificate.
The name you wish to adopt
Your reasons for requesting the name change
Whether your name has ever been previously changed by law
The Clerk will approve your Petition for name change only if she is convinced that good and sufficient reason for the change exists. You cannot change your name to avoid creditors, avoid criminal charges or civil lawsuits.

If your name has been changed before, you will have to provide an explanation of that change in your petition. N.C.G.S. ¤101-6 provides for only one name change under this statute, however, you will be permitted to resume your former name upon compliance with the name change requirements and procedures. (Also see the section on resumption of maiden name)

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-6.html 3-3-2005

AFFIDAVITS OF CHARACTER:
The applicant must present the Clerk with two affidavits of character signed by two individuals who are not related to the applicant by blood or marriage and who are citizens of the county where the petition is being filed. Both affidavits must be notarized. The individuals who complete these affidavits for you do not have to be prominent people in the community; friends or roommates will suffice.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-4.html 3-3-2005

PROCEDURE:
After the notice of name change has been posted for ten consecutive days, remove it and take it, along with the following documents to the Special Proceedings division of The Clerk of Court's Office:

Petition for name change
Two Affidavits of character
An original/certified copy of your Birth Certificate (This can be obtained from the NC
Bureau of Vital Statistics, which charges a fee currently $10.00)
http://www.ncgov.com/asp/subpages/intention.asp?P=2&I=78

A photocopy of your Birth Certificate
3 copies of the Order and Certificate of Name Change
A fee of $40 (in cash)
Wake County requires a photocopy of your Driver's License or NC ID card and a copy of
your Social Security card . An affidavit and some other proof of ID will be required if you
do not have any of those documents.
It is advisable to take extra money with you because court fees are subject to increase without notice. (In Wake County, the Special Proceedings division is located on the twelfth (12th) floor of the Wake County Courthouse).

If all of the paperwork is in order, the Special Proceedings Clerk will sign all three copies of the order granting the name change. You will be given one certified copy which you will need to present when changing your records with the University and when obtaining a new driver's license, Social Security card, passport, green card, etc.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-5.html 3-3-2005

The Clerk will record the application and order on the docket of Special Proceedings in the Clerk's Office and forward the order to the State Registrar of Vital Statistics in your state of birth. If the applicant was born in North Carolina, the State Registrar shall note the name change on the birth certificate of that individual and notify the Register of Deeds in the county of birth. The fee for processing the court order and issuing a certified copy of the amended certificate for an individual born in North Carolina is $17.50. There will be a $5 fee for each additional certified copy you request.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-7.html 3-3-2005

INTERNATIONAL STUDENTS:
If the applicant for name change is an international student, he or she may encounter difficulties obtaining a name change. Some Clerks are hesitant to approve name changes for individuals who are not either citizens of the United States or resident aliens. Some Clerks will accept a green card or a passport and visa in lieu of a birth certificate, others will not. If the location of birth is outside the United States, there is no way for the Clerk's Office here to amend foreign birth certificate records to reflect the name change. You will have to contact the appropriate officials in your country of birth to accomplish this.

RESUMPTION OF MAIDEN NAME:

You may resume your maiden name as part of a divorce action at no additional cost. Simply include the request in your divorce complaint and divorce judgment.If you wish to resume your maiden name following a divorce, the cost is five ($10.00) dollars. You will need to take a copy of the following to the Courthouse and present them to an Assistant/Deputy Clerk.

Your certified birth certificate
A certified copy of your divorce judgment
An Application/ Notice of Resumption of Prior Name (AOC-SP-600 form)
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-12.html 3-3-2005

resumption of maiden name

http://web.co.wake.nc.us/courts/namechanges.html
Uncontested divorces/resuming maiden name

APPLICATION TO CHANGE THE NAME OF MINOR CHILDREN:
An application to change the name of a minor child may be filed by the child's parent, parents, guardian or next friend of minor child. However, a parent may not make an application for a name change on behalf of a minor child under the age of sixteen, if both parents are living, without first obtaining the consent of the other parent of the child. A minor who has reached the age of sixteen years, however, may apply to the Clerk for a name change with the consent of the custodial parent if the Clerk of Court is satisfied that the other parent has abandoned the minor child. To establish abandonment, you will need to present the Clerk with a copy of an order, from a court of competent jurisdiction, adjudicating that the minor child has been abandoned by the parent. Otherwise the Clerk of Superior Court will have to make such a determination by following the procedures set out in N.C.G.S. 101-2 or N.C.G.S. 1-273.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-2.html 3-3-2005

The notice, petition, affidavits and order needed to obtain a name change in North Carolina can be prepared and processed for students by University Student Legal Services. Samples of such documents can also be obtained at the Wake County Clerk of Court's Office for a fee.

This is general information about Name Changes and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law.

Answer 2

Birth Certificate Wake County

Answer 3

I think the posting of notice can be done through the newspaper. They are put in the paper's legal notice section.

Answer 4

Guidelines for name changes are outlined in North Carolina Statutes § 101-2, § 101-3, § 101-4, § 101-5, and § 101-6.

§ 101-2. Procedure for changing name; petition; notice.
A person who wishes, for good cause shown, to change his
or her name must file an application before the clerk of the
superior court of the county in which the person lives, after
giving 10 days' notice of the application by publication at the
courthouse door.
An application to change the name of a minor child may be
filed by the child's parent or parents, guardian, or guardian ad
litem, and this application may be joined in the application for
a change of name filed by the parent or parents. Nothing in this
section shall be construed to permit one parent to make an
application on behalf of a minor child without the consent of
the other parent if both parents are living; except that a minor
who has reached the age of 16 years, upon proper application to
the clerk, may change his or her name with the consent of the
parent who has custody of the minor and has supported the minor,
without the necessity of obtaining the consent of the other
parent, when the clerk of court is satisfied that the other
parent has abandoned the minor. A change of parentage or the
addition of information relating to parentage on the birth
certificate of any person is governed by G.S. 130A-118.
The consent of a parent who has abandoned a minor child is
not required if a copy of an order of a court of competent
jurisdiction adjudicating that parent's abandonment of the minor
if filed with the clerk. If a court of competent jurisdiction
has not declared the minor to be an abandoned child, the clerk,
on 10 days' written notice by registered or certified mail,
directed to the last known address of the parent alleged to have
abandoned the child, may determine whether the parent has
abandoned the child. If the parent denies that the parent
abandoned the child, this issue of fact shall be transferred and
determined as provided in G.S. 1-301.2. If abandonment is
determined, the consent of the parent is not required. Upon
final determination of this issue of fact the proceeding shall
be transferred back to the special proceedings docket for
further action by the clerk. (1891, c. 145; Rev., s. 2147; C.S.,
s. 2971; 1947, c. 115; 1953, c. 678; 1955, c. 951, s. 3; 1957,
c. 1442; 1959, c. 1161, s. 7; 1971, c. 444, s. 1; 1995, c. 509,
s. 135.2(f); 1999-216, s. 13.)

§ 101-3. Contents of petition.
The applicant shall state in the application his true
name, county of birth, date of birth, the full name of parents
as shown on birth certificate, the name he desires to adopt, his
reasons for desiring such change, and whether his name has ever
before been changed by law, and, if so, the facts with respect
thereto. (1891, c. 145; Rev., s. 2147; C.S., s. 2972; 1945, c.
37, s. 1; 1957, c. 1233, s. 1.)

§ 101-4. Proof of good character to accompany petition.
The applicant shall also file with said petition proof of
his good character, which proof must be made by at least two
citizens of the county who know his standing: Provided, however,
proof of good character shall not be required when the
application is for the change of name of a child under 16 years
of age. (1891, c. 145; Rev., s. 2148; C.S., s. 2973; 1963, c.
206.)

§ 101-5. Clerk to order change; certificate and record.
If the clerk thinks that good and sufficient reason
exists for the change of name, it shall be his duty to issue an
order changing the name of the applicant from his true name to
the name sought to be adopted. Such order shall contain the true
name, the county of birth, the date of birth, the full name of
parents as shown on birth certificate, and the name sought to be
adopted. He shall issue to the applicant a certificate under his
hand and seal of office, stating the change made in the
applicant's name, and shall also record said application and
order on the docket of special proceedings in his court. He
shall forward the order to the State Registrar of Vital
Statistics on a form provided by him. If the applicant was born
in North Carolina, the State Registrar shall note the change of
name of the individual or individuals specified in the order on
the birth certificate of that individual or those individuals
and shall notify the register of deeds in the county of birth.
If the applicant was born in another state of the United States,
the State Registrar shall forward the notice of change of name
to the registration office of the state of birth. (1891, c. 145;
Rev., ss. 2149, 2150; C.S., s. 2974; 1955, c. 951, s. 4; 1957,
c. 1233, s. 2; 1971, c. 444, s. 2.)

§ 101-6. Effect of change; only one change, except as
provided.
(a)When the order is made and the applicant's name
changed, he is entitled to all the privileges and protection
under his new name as he would have been under the old name. No
person shall be allowed to change his name under this Chapter
but once, except that he shall be permitted to resume his former
name upon compliance with the requirements and procedure set
forth in this Chapter for change of name, and except as provided
in subsection (b) of this section.
(b) For good cause shown, and upon compliance with the
requirements and procedure set forth in this Chapter for change
of name, the name of a minor child may be changed not more than
two times under this Chapter. (1891, c. 145; Rev., ss. 2147,
2149; C.S., s. 2975; 1945, c. 37, s. 2; 1991, c. 333.)

§ 101-7. Recording name change.
When the name of any individual, corporation,
partnership, or association has been changed in a manner
provided by law, any attorney licensed to practice law in this
State may file an affidavit with the clerk of superior court
stating facts concerning the change of name. The clerk shall
cause the affidavit to be filed and indexed among the records of
his office, pursuant to G.S. 7A-180(3) and G.S. 7A-343(3). The
clerk shall also forward a copy of the affidavit under the seal
of his office to the clerk of superior court of any other county
named in the affidavit where it shall also be filed and indexed
in accordance with this section. Affidavits filed and indexed
under this section are for informational purposes only and
neither the affidavit nor the manner of its filing and indexing
shall in any manner affect the rights or liabilities of any
person. (1971, c. 592, s. 1.)

In a nutshell that means:

1. Go to courthouse with Notice filled out.


2. Notice must be posted for 10 full days (not including the day that you post it).


3. Obtain at least two good character references

4. After 10 days, go to the clerk with

- petition for name change
- birth certificate
- name change "order" form (they gave this carbon copy form to me when I filed the notice)
- good character references