Can a Mother Name a Baby Without Your Permission

If one parent will not agree to have a child's name changed, the other parent can file papers to request the change.  The non-consenting parent must be served with copies of the name change papers and given a chance to object. A judge may or may not grant a child's name change without the other parent's consent.  Read on for more information about how to petition for a child's name change when only one parent is asking for the name change.

FYI!

If you were served with paperwork showing the other parent wants to change a child's name and you disagree, you can file an "Objection" to the proposed name change.  This must be filed within 10 business days of when you receive the paperwork.  You can find the instructions and forms needed to do this in the Objection Packet.

 Before you begin:

• Is this page for me?This page is for parents of child residents of Clark County, Nevada, who want to ask for a name change for their child, but the other parent will not agree.  Typically, both parents must agree to have a child's name changed.  However, one parent can ask for a name change and serve the other parent with the name change papers to see if the other parent will object.
  
• What if the other parent will agree and sign? Follow the instructions for Name Changes When Parents Agree.
• What if the other parent is deceased or their rights were terminated by a court?Follow the instructions for Name Changes When Parents Agree.
  
• Do I have to involve the other parent?  Yes.You cannot avoid notifying a parent about a child's proposed name change just because the parent is not involved in the child's life or the parent's location is unknown. You will have to search for the parent and make sure they are served with the name change papers after filing. You may have to get permission to publish a notice in a newspaper if you cannot find them to serve them in person.  A judge may grant the name change without the other parent's consent, but the other parent does have a right to know about the proposed name change and object if he/she does not agree.
  
• What laws apply? Learn the basics of the laws that apply to name changes in the Name Change Overview.
  

Follow these steps to file for a child name change:

 1. Fill out the forms.  There are several forms you will have to fill out and sign.

 2. File the forms.  Turn in your completed forms to the Clerk of Court by mail or efiling.

 3. Serve the other parent.  The other parent must be served with a copy of all the papers you filed.

4. Set a hearing with the Judge.   The judge will want a short hearing with you before approving the name change.

Learn more about each step below.

CAUTION!

Some judges have different requirements than those explained below .  If you have questions, contact the judge's staff to find out what the judge assigned to your case requires.  Always follow the judge's directions if they are different from those given here.

A name change for a child is not guaranteed without the other parent's consent.

 1. Complete the Papers

All of the following documents must be completed to ask the court for a name change:

Family Court Cover Sheet - required

This form asks for basic information about the parent who is filing the paperwork and the child(ren). You are the Petitioner. The Clerk of Court uses this information to open your case.  Use the child(ren)'s current legal name when completing this (and all) forms.

Family Court Cover Sheet (pdf)

Family Court Cover Sheet (pdf fillable)

Petition for Child's Name Change - required

This form tells the Court about the child's current name, the new name you would like the child to have, and the reasons why. You can ask for up to 2 children's names to be changed. Where the form asks for the child's current name, use the current full legal name.

Indicate whether the other parent will agree to the name change and if not, why.  When the form is complete, sign it in front of a notary.

Petition for Child's Name Change (pdf)

Petition for Child's Name Change (pdf fillable)

Notice of Petition for Child's Name Change - required

This form is directed to the non-consenting parent.  It lets the other parent know about the proposed name change, and what to do if they want to object.  Fill out the form completely.

Notice of Petition for Child's Name Change (pdf)

Consent to Child's Name Change (for parents and older children)

If the other parent will agree to the child's name change, the parent can fill out this form. This form must be signed in front of a notary.

Parent's Consent to Child's Name Change (pdf)

Parent's Consent to Child's Name Change (pdf fillable)

A child age 14 or older must consent to their own name change. If any of the children are 14 or older, each child must complete a consent.

Child's Consent to Child's Name Change (pdf)

Child's Consent to Child's Name Change (pdf fillable)

Order for Child's Name Change - required

This is the form the judge signs to grant the child's name change. Although this will not be needed until the last step, it is best to fill it out ahead of time and save it for later. You will give this to the judge after you have finished the rest of the steps. Complete all sections except for the date and signature line for the judge. Make sure to indicate whether or not a new birth certificate should be issued for the child with the new name.

Order for Child's Name Change (pdf)

Order for Child's Name Change (pdf fillable)

 2. File the Papers

The court charges$270 to file the papers. The fee is payable by cash, money order, or most major credit/debit cards. If you cannot afford the fee, please see Filing Fees and Waivers to find out how to ask the court to waive the fee.

You can file your papers one of these ways:

1. By Mail: Mail your forms and the filing fee (with check or money order made out to Clerk of Court) to:

   Family Courts and Services Center
   Attn: Clerk of Court
   601 North Pecos Road
   Las Vegas, NV 89101

2. Online: You can file online through the court's e-filing system, eFileNV. There is a fee of $3.50 to upload your documents, in addition to the regular filing fee. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your documents.  Carefully follow the E-Filing Guide to avoid mistakes.
   E-Filing Guide
   
3. In person at the Family Courthouse (check our How to File page for hours and more information).

 3. Serve the Other Parent

Any living parent who still has parental rights to the child should be served with a copy of the Petition and the Notice of Petition. The way to serve the other parent depends on the following:

• If you know or can find out where the other parent is located:The parent must be personally served with the Petition and the Notice of Petition. The parent filing for the name change cannot serve the other parent.  Someone over the age of 18 who is not a party to the case must hand-deliver the documents to the parent. You can ask someone you know to serve the documents, or you can hire the sheriff or a private process service.  Visit the Sheriff's Civil Process Section for more information on their fees and services.

  Whoever serves the other parent must fill out a Proof of Service form that says when, where, and how the other parent was served.  Make sure this form is completed and filed at the family court.

Proof of Service (pdf)  Proof of Service (pdf fillable)

The other parent can file an "objection" if they disagree with the name change.  If they do, a hearing will be set for both parents to talk to the judge.

• If you have had no contact with the other parent and do not know where to find him or her: You can ask the judge's permission to post a notice in a newspaper for three weeks instead of having the other parent served in person.  You will have to fill out some forms explaining everything that was done to try and find the other parent to have them served.  It will be up to the judge whether to allow you to publish the notice instead of having it served.  Download the packet below and follow all of the included instructions to request permission to publish.

Request for Publication - Minor Name Change (pdf)

 4. Set a Hearing with the Judge

The judge usually requires a hearing before approving a child's name change without both parents' consent. The hearing is called a "prove up" or an "uncontested" hearing. This is a short hearing where the judge can ask you some questions before deciding whether to approve the child's name change.

To set a hearing, fill out an Uncontested Setting Slip and bring it to the courthouse.  A clerk will set a court date for you when you file the form. The judge cannot grant the name change until 10 days after the last date the notice was published. Make sure your hearing date is scheduled for at least 10 days after the final publication date.

Uncontested Setting Slip (pdf fillable)

If you did not already fill out the Order for Child's Name Change when you filled out your other paperwork, complete the form now. Complete all sections except for the date and signature line for the judge.

Order for Child's Name Change (pdf)

Order for Child's Name Change (pdf fillable)

Go to the hearing on the scheduled day and bring the order with you.  The judge will ask you some questions and decide whether to grant the name change.  If the judge approves of the name change, give the judge the Order so the judge can sign it.

FYI!

Once you get your signed order, you will need to contact every agency and office where you wish to change the child's name so they can update the child's information. They will usually require a certified copy of the name change order, which you can obtain for a small fee from the Clerk of Court's Records Department.

If your order includes a request for a new birth certificate with the child's new name, you will need to contact the vital records department where the child was born to find out their requirements. If the child was born in Nevada, please see the Nevada Office of Vital Statistics to find out how to get the birth certificate changed.

Can a Mother Name a Baby Without Your Permission

Source: https://www.familylawselfhelpcenter.org/self-help/name-changes/name-changes-for-children/197-contested

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