Laws Regarding Children's Names After a Divorce in Oregon
To change a minor's name following a divorce, the parent must petition the court to consider a name change. The court will then make a decision based on what is in the best interest of the child.
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Finding a Lawyer
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A family lawyer's assistance will help facilitate the process and is required if a parent contests the name change. The Oregon State Bar can give you the number of a local attorney for legal advice (800-452-7646, or if in Portland, 503-684-3763).
Legal Forms
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According to the Oregon State Bar Association, the following forms will be required: petition for change of name, consent of parent or guardian, notice to parent or guardian, order to give notice to appear and show cause, notice of change of name hearing, affidavit of proof of posting notice of hearing, post order affidavit of posting, change of name decree and notice of change of name. You also need to obtain a certified copy of your child's birth certificate. Create two copies of each form and submit the documents to the county courthouse. A filing fee is required.
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Parental Consent
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The other parent must be informed of the name change and will be required to agree to it. If an objection is filed, you will be required to attend a hearing, where a judge will take into account the following factors: the preferences of the child, whether there has been any parental misconduct, the age of the child, the impact on the child and the effect on the child's relationship with both parents. If a parent has sole custody of the child whose name is to be changed, this is not necessary.
Official Records
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Obtain a certified copy of the Change of Name General Judgment from the court (with an associated fee) to change the child's name on other official records, such as a passport and social security. Contact the Center for Health Statistics in Portland in order to change the child's birth certificate.
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