Reasons Not to Grant a Legal Name Change

Reasons Not to Grant a Legal Name Change thumbnail
Names can't be changed to elude the law.

Changing your name is a relatively simple process that includes filing an application and fee then appearing in court for a review of the reason(s) you want to change your name and a review of the documentation you have provided. While a name may be changed for any reason, the change must comply with several basic legal requirements before it can be approved by a court. Those requirements include that it is not done against the public interest or to elude the law and the applicant has the legal authority to change a name.

  1. Against Public Interest

    • A court will not grant a change of name if it is deemed to be against the public interest. Under this category, judges are given some discretion in deciding what is included the the meaning of "public interest." Generally, however, if there is evidence that you are changing your name to participate in a criminal enterprise or fraud (such as assuming the name of someone else in identity fraud) your request will be denied.

    Elude the Law

    • A court will not allow you to change your name if it is clear that you are doing so to escape or avoid prosecution for a crime, paying taxes or otherwise to elude the law. Alternatively, if you are changing your name to interfere or eliminate the rights of others, such as to avoid payment of bills or other legal responsibilities, then your request will be denied.

    Lack of Legal Authority

    • A court will not allow a change of name without full legal authority to so. Accordingly, a court will not let you to change the name of your child without the consent of both parents unless you can show that the absent parent has given up parental rights or is not available (meaning has never been present in the child's life.) A court will also not allow anyone other than the parent(s) to change a child's name. Furthermore, if the child is old enough to understand the implications of changing a name, most courts will also seek the child's consent before the name is changed.

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  • Photo Credit name hand image by drawos from Fotolia.com

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