Gorski Law Office
William F. Gorski Professional Corporation
Serving All of South Carolina
Offices in Lexington and Greenville
How Do I Change My Child's Name? How Do I Change My Own Name?
Changing your child's name can only be done by an Order of the Family Court. The process is not very difficult for a Family Law Attorney, but it is rather "technical" and usually a lawyer is needed to make sure that all the necessary steps are followed and everything is done correctly.
You must be the parent of the child in order to ask for the child's name to be changed. A "Name Change Petition" must be filed in the child's county of residence. A Guardian ad Litem (sort of like a lawyer for the child) must then be appointed by the court. If the parents are separated or divorced, the child's other natural parent must be given notice of the name change hearing. Sometimes, the court will not allow a child's name to be changed, if the reason for the name change (for instance) is to alienate the child from one of the parents.
There are many other "rules" and "exceptions-to-the-rule" when dealing with changing a child's name. Speak with an experienced Family Law Attorney to find out if your child's name can (or should) be changed.
If you are 18 years old or older, you can change your name without an attorney. Most of the time a name change for an adult is a "do-it-yourself operation." Most of the counties in South Carolina have "Name Change Petitions" available at the Courthouse. These forms can be filled out and filed at the Family Court in your county without the help of a lawyer. There will be a $150 filing fee for the Court. You will also have to pay $25 to the State Law Enforcement Division (SLED) for a criminal background check. After you give the Court your information, a courtdate will be scheduled for you. You will have to come to court, stand before a judge, and tell the judge why you want to change your name. The judge will ask you a few questions (to make sure that you are not changing your name to avoid paying bills or to avoid criminal prosecution, etc.), and then he or she will issue the name change order.
You should then take a certified copy of the order to the DMV (to change your driver's license), to the Social Security Office (to make sure the government knows your new name), and anywhere else where you want people to know your new name.