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Wednesday, September 7, 2011

Q. How can I change my child’s last name?

A. The first step is to fill out a "Petition for Name Change for a Minor Child under 14" form. When the form is completed you must file the form with the Clerk of Circuit Court. You will then need to publish the notice in a qualified newspaper, as required under Wisconsin law. In addition, if your child’s other parent has parental rights (you are divorced from the other parent or paternity has been adjudged and that parent’s parental rights have not been terminated) you must have the other parent served with a copy of the notice and the petition. The other parent does have a right to contest the name change and may do so by answering the petition and or appearing at the court hearing. At the court hearing the court will either grant or deny the name change. If the other parent is contesting, you will have to show the court that the name change is in the child’s best interest. If the other parent chooses not to object, you will most likely be granted the name change for your child. If the other parent does not appear or answer the petition and proof of service is shown, the court is allowed to proceed with the hearing and will most likely grant the petition.

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