How to Legally File a Child Name Change

About one million children are affected by divorces in the U.S. every single year. Also, 25% of children in the U.S. are born out of wedlock. Its easy to see why many people want to change their child`s last name. Not to long ago courts ruled that a father had a right to have his child`s last name kept the same as his long as he continued to act as a parent to the child. Now-a-days courts usually weigh these facts: how long the child`s had their father`s last name; how strong the relationship is with the mother and child and vice versa; and if the name change is necessary to be identified as part of the mother`s or the father`s family. There has been cases where one of the parents doesn’t show up in court, and therefore the judge will rule in the other parent’s favor. Sometimes the courts will rule what they feel is in the best interest of the child.

Some U.S. state courts have adopted simplified child name change forms, these forms can also be found in child name change kits on many sites where you can download printable legal forms, these sites are made for do-it-yourselfers and are usually inexpensive (under $15). States that have not created simplified forms will still allow you to file a formal name change case, but the forms will have to be obtained from a legal forms business.

Even after you successfully change your child’s last name their birth certificate will remain the same, this is because they want some way to identify the father of the child. Child name changes do not interfere with child support, the times or schedules for visiting, and most obvious it does not interfere with your legal parental responsibilities your child is entitled to by law.

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Types of Power Of Attorney Forms

A Power of Attorney is a legal document in which the writer appoints a person the right to act on his behalf. The authority you give that person depends on the specific language of the Power Of Attorney form. Sometimes people may make their power of attorney form very broad or sometimes may limit the appointee to very specific actions.

A Power of attorney can be used to give some one the right to sign a contract for you, make healthcare decisions, to handle your money or money transactions, the right to sell your home or car, and including any other legal right to do what the maker of the power of attorney can do themselves.

A “Limited Power of Attorney” gives the appointed delegate the authority to do a specific act, like only the authority to sell your home for you.

A “General Power of Attorney” usually gives the appointed delegate the very broad powers to perform any legal act on behalf of the maker of the Power Of Attorney. These are often times used to list activities you want the appointed delegate to perform.

A “Durable Power of Attorney” was created because Limited and General Power of Attorney terminate if the principal (maker of the Power of Attorney) becomes incapacitated. A Durable Power Of Attorney will not terminate it will continue to remain effective even if a person becomes incapacitated. In every state there are usually laws were a Durable Power of Attorney can no longer be used for an incapacitated principal in certain circumstances. A Durable Power Of Attorney must contain special wording that provides the powers given to the delegate to survive the incapacity of the principal. A Durable Power Of Attorney is effective as soon as the principal signs it unless it specifies that there are conditions but the conditions must be within your states laws.

*This is general legal information to provide basic information about power of attorney forms. For legal advice please contact an attorney. Since your states laws are constantly changing it is always best to consult an attorney regarding your particular case.

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