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Steps to Filling Out Kentucky Petition Name Change

Filling out the Kentucky Petition Name Change form is a straightforward process. After completing the form, you will need to file it with the Circuit Clerk in your county. Following that, a hearing will be scheduled where you can present your case for the name change.

  1. Begin by entering the name of the person for whom the name change is being requested at the top of the form.
  2. Choose the appropriate option for the petitioner(s):
    • Living parents of a minor
    • Surviving parent of a minor
    • Guardian of a minor
    • Adult requesting the name change
  3. In the first blank, write the original name of the individual.
  4. In the second blank, write the desired new name.
  5. Enter the birthdate of the individual in the format MM/DD/YY.
  6. Provide the birth location, including city, county, and state.
  7. Fill in the current address of the individual requesting the name change.
  8. State the purpose of the desired name change clearly.
  9. Include a statement confirming that you are not seeking this name change to evade legal obligations or prosecution.
  10. If applicable, provide the names and addresses of both parents if the petition is for a minor and both parents are living.
  11. Sign the petition where indicated, and include the date.
  12. If you have an attorney, include their name in the designated area.
  13. Schedule a hearing date and time in the appropriate section.
  14. Leave space for the notary to sign and date the form.

Once the form is completed, you must file it with the Circuit Clerk's office in your county. Ensure you keep a copy for your records and be prepared for the hearing where you will discuss your request.

Dos and Don'ts

When filling out the Kentucky Petition Name Change form, it's important to follow certain guidelines to ensure a smooth process. Here are six things you should and shouldn't do:

  • Do provide accurate information in all sections of the form.
  • Don't leave any fields blank; incomplete forms can cause delays.
  • Do include the correct birthdate and birth location for the person whose name is changing.
  • Don't attempt to change your name to avoid legal obligations or prosecution.
  • Do ensure you have the signatures of all necessary parties, especially for minors.
  • Don't forget to file the petition in the correct county where you reside.

File Breakdown

Fact Name Details
Document Code AOC-295
Governing Law KRS Chapter 401
Eligibility The petition can be filed by living parents, a surviving parent, a guardian, or the adult seeking the name change.
Age Definition A minor is defined as a child under the age of 18 according to KRS 401.020.
Identity Theft Warning Petitioners must acknowledge that identity theft is a Class D Felony in Kentucky (KRS 514.160).
Notification Requirement If one parent is unavailable, proper notice must be given to the absent parent as per the Rules of Civil Procedure.
Filing Location The petition must be filed in the Circuit Clerk’s Office in the county where the petitioner resides.

Documents used along the form

When filing a name change petition in Kentucky, several additional forms and documents may be required to ensure a smooth process. Below is a list of commonly used forms that accompany the Kentucky Petition Name Change form, along with brief descriptions of each.

  • Notice of Hearing: This document informs all relevant parties about the scheduled hearing for the name change. It must be served to individuals who may have a legal interest in the case, such as parents or guardians of a minor.
  • Hold Harmless Agreement Form: To protect yourself from liability, you can utilize the essential Hold Harmless Agreement resources that ensure compliance in various transactions.
  • Affidavit of Publication: If the name change petition requires public notice, this affidavit serves as proof that the notice was published in a local newspaper. It is often necessary to demonstrate compliance with state requirements.
  • Consent Form: In cases involving minors, a consent form may be required from both living parents or guardians. This document confirms that all parties agree to the name change, which can help avoid disputes later on.
  • Birth Certificate: A copy of the individual's birth certificate may be needed to verify the current name and date of birth. This document serves as a foundational piece of evidence in the name change process.
  • Identification Document: A valid form of identification, such as a driver's license or passport, may be required to establish the identity of the petitioner. This helps to confirm that the individual requesting the name change is indeed who they claim to be.
  • Order of Name Change: Once the court approves the name change, this official order will be issued. It serves as the legal document confirming the new name and may be necessary for updating identification and other records.
  • Financial Disclosure Form: In some cases, a financial disclosure may be required to assess any potential impact of the name change on financial obligations. This form provides transparency regarding the petitioner's financial situation.

Gathering these documents can help facilitate the name change process in Kentucky. Each form plays a critical role in ensuring that the court has all necessary information to make an informed decision. It is advisable to check with the local court for any specific requirements or additional forms that may be needed.

FAQ

What is the purpose of the Kentucky Petition Name Change form?

The Kentucky Petition Name Change form is designed for individuals who wish to legally change their name. This can apply to adults seeking a new name or parents or guardians requesting a name change for a minor child. The form collects essential information, including the current name, desired name, birthdate, and birth location. Additionally, it requires the petitioner to affirm that the name change is not intended to evade legal obligations or prosecution.

Who can file a name change petition in Kentucky?

In Kentucky, the petition can be filed by the individual seeking the name change, or by a parent or guardian on behalf of a minor child. If both parents are living, both must typically consent to the name change. In cases where one parent is unavailable or refuses to participate, proper notice must be given to that parent, following specific legal procedures. This ensures that all parties are informed and can voice their opinions regarding the name change.

What information is required on the form?

The form requires several key pieces of information. This includes the original name, the desired name, and the birthdate and location of the individual whose name is being changed. If the petition is for a minor, the names and addresses of the parents or guardians must also be provided. Additionally, the petitioner must state the purpose of the name change, which could range from personal preference to cultural reasons. It is crucial that all information is accurate and complete to avoid delays in the process.

What happens after the petition is filed?

Once the petition is filed with the Circuit Clerk’s office in the appropriate county, a hearing will be scheduled. The petitioner will receive a notice of this hearing, which is an opportunity for the court to consider the request. During the hearing, the petitioner may need to explain the reasons for the name change and answer any questions from the judge. If the court finds the request valid and in the best interest of the individual, it will issue an order granting the name change.