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Name Change Under 14 - New Mexico
|Name Change Under 14 Form. This is a New Mexico form and can be used in Civil San Juan County 11th Judicial District Local District Court .||
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CHANGE OF NAME FOR A PERSON UNDER 14 YEARS OF AGE Instructions 1. Is this the correct court? This is the Eleventh Judicial District Court in San Juan County. This is the correct court to file your petition if the child lives in either San Juan or McKinley County, New Mexico. Are these the correct forms? These are not the correct forms if the person whose name will be changed is 14 years old or older. Costs. You must anticipate the following costs: Court Filing fee $117 (The court accepts only cash or money order) Photocopies at the court $.35 cents each Certified copies $1.50 each document Publication expense Filing fee with County Clerk Fee for obtaining a new birth certificate HOW THE PROCESS GENERALLY WORKS Open your case 1. Bring the following to the District Court clerk at the courthouse in Aztec at 103 So. Oliver Dr. ·Petition to Change Name original & 1 copy ·Final Order Changing Name original ·$117 for the Court filing fee (The court accepts only cash or money order) ·A self-addressed stamped envelope 2. Your case will be assigned to a Judge who may be located at the District Court in either Aztec or Farmington. Ask the court clerk where the Judge is located so you will know where to file papers later in your case. The court clerk will write in a case number and file-stamp the copy of the Petition to Change Name that you have brought and return it to you. Keep this copy for your records. The court clerk will take the original Final Order Changing Name that you have 1 2. 3. 3. 4. Name change under 14; February 6, 2012 American LegalNet, Inc. www.FormsWorkFlow.com prepared and see that the Judge is provided with this order. JUST BECAUSE YOU HAVE SUBMITTED THE FINAL ORDER CHANGING NAME DOES NOT MEAN THAT THE JUDGE WILL GRANT YOUR PETITION OR SIGN THE ORDER. Next 5. Complete the Notice of Petition to Change Name. Take it to a newspaper that is published in San Juan County. If you live in McKinley County, it must also be published in a McKinley County newspaper. Ask the newspaper to publish your Notice of Petition to Change Name once a week for three consecutive weeks. NOTE: If you believe that publication of your Notice of Petition to Change Name will jeopardize your personal safety, you should contact an attorney to assist you. There are no forms to assist you in this situation. THE STATUTE (NMSA 1978 §40-8-1) REQUIRES THAT "NOTICE SHALL INCLUDE NOTICE TO BOTH LEGAL PARENTS" YOU ARE RESPONSIBLE FOR SATISFYING THIS STATUTORY REQUIREMENT See a Lawyer If You Have Questions 6. After the Notice of Petition to Change Name has been published once a week for three consecutive weeks, obtain an Affidavit of Publication from the newspaper(s). Make and keep a copy of this Affidavit of Publication for your records. Staple the original Affidavit of Publication to the Proof of Publication form (included in this packet) that you have filled out. Go to the court house where the assigned Judge is located and file the Proof of Publication with the Affidavit of Publication stapled to it. 7. Later 8. The Judge will review all of the documents you have filed and decide whether to schedule a hearing. IF the Judge sets a hearing, a notice of hearing will be mailed to you in the self addressed stamped envelope you have provided. IF the Judge decides to grant the petition without a hearing and does not set a hearing, the Judge will sign the Final Order Changing Name that you prepared and it will be mailed to you in the self addressed stamped envelope you have provided. 2 Name change under 14; February 6, 2012 American LegalNet, Inc. www.FormsWorkFlow.com Finally 9. If the Judge has scheduled a hearing, go to the courthouse on the date and time noted in the notice of hearing. Be sure to go to the correct court house. If you have failed to notify other legal parents or guardians about the Petition to Change Name, the Judge may question you concerning that failure. 10. The Judge may or may not grant the Petition to Change Name. If the Judge grants the Petition to Change Name, the Judge will sign the Final Order Changing Name you provided earlier. The court clerk can copy (at $.35/page) and certify (at $1.50 each) as many copies of the Final Order Changing Name as you would like. One certified copy of the Final Order Changing Name is required by statute to be filed with the County Clerk in the county where the child lives. (NMSA 1978 §40-8-1). The County Clerk's Office in San Juan County is located at 100 S. Oliver Drive in Aztec. A certified copy of the Final Order Changing Name will be required if you request a new birth certificate with the child's new name. To request a new birth certificate, contact the state where the child was born. In New Mexico, contact the Bureau of Vital Records and Health Statistics at 1-866-534-0051. New Mexico's Department of Health web site may also be of assistance. A certified copy of the Final Order Changing Name may be required to change other documents such as social security records or school records. You may obtain additional certified copies of the Final Order Changing Name from the court as necessary. FILLING OUT THE FORMS You must type or print in ink all of the information on the forms. 1. Petition to Change Name Fill in the blanks as indicated on the form. Leave the space after "D-1116CV..." blank. The court clerk will assign a case number and enter it in this space. 11. 12. 13. NMSA 1978 §40-8-1 REQUIRES THAT Name change under 14; February 6, 2012 3 American LegalNet, Inc. www.FormsWorkFlow.com "NOTICE SHALL INCLUDE NOTICE TO BOTH LEGAL PARENTS" YOU ARE RESPONSIBLE FOR SATISFYING THIS STATUTORY REQUIREMENT If you have failed to notify other legal parents or guardians about the Petition to Change Name, the Judge may question you concerning that failure. 2. Final Order Changing Name You will enter the number assigned by the court clerk to your case after "No. D-1116-CV..." This number will be assigned when you file your Petition to Change Name. Leave blank the line for the Judge's signature at the end of the form. Fill in all remaining blanks as indicated on the form. Keep a copy of this form for your records Notice of Petition to Change Name You are called the Petitioner. Print your full name following "In the Matter of the Petition of ..." Print the child's full current name following "For Change of Name of ..." Enter the number assigned by the court clerk to your case after "No. D-1116CV..." Print your full name following "Notice is hereby given that ...