Fill in Your Kentucky Petition Name Change Form

Fill in Your Kentucky Petition Name Change Form

The Kentucky Petition Name Change form, identified by its document code AOC-295, serves as a formal request to the Commonwealth of Kentucky Court of Justice for changing a person's name due to various personal reasons. It provides a structured process for individuals or on behalf of minors to officially request a change of name, stipulating details about the current and desired names, reasons for the name change, and legal attestations to prevent misuse for identity theft or evasion of obligations. Understanding and filling out this form carefully is crucial for those seeking to alter their name legally within Kentucky.

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In the Commonwealth of Kentucky, individuals seeking to change their name legally must navigate through the specific requirements set by the state's legal system. The Kentucky Petition Name Change form, known as AOC-295, plays a crucial role in this process, serving as the initial step for anyone desiring to change their name, whether for a minor or an adult. This form is comprehensive, containing sections for essential information such as the current legal name, the desired new name, and the reasons behind the request for a name change. It is designed to ensure that the process is thorough, requiring the petitioner to affirm that the name change is not sought for fraudulent purposes, such as evading legal responsibilities or prosecution. Important details like the birthdate and birth location of the person whose name is to be changed must be provided, along with proof of current residency within the county where the petition is filed. For minors, the form addresses circumstances involving parental consent or the role of a guardian. Significantly, the Kentucky Revised Statutes (KRS) Chapter 401 guides the process, highlighting the legal framework within which name changes occur, including stipulations for notice to absent parents. This form also outlines the steps for scheduling a hearing and the necessary affidavits and notices for a successful petition, making it a pivotal document in the legal landscape of personal identity modification in Kentucky.

Kentucky Petition Name Change Example

AOC-295

Doc. Code: PNC

 

Case No.

 

Rev. 10-08

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 1 of 1

 

 

Court

 

 

 

Commonwealth of Kentucky

 

 

 

 

 

 

 

 

 

 

 

 

 

Court of Justice

 

 

 

 

 

 

www.courts.ky.gov

PETITION FOR NAME CHANGE

County

 

 

KRS Chapter 401

 

 

 

 

 

 

 

 

 

 

 

 

IN RE: CHANGE OF NAME FOR _____________________________________________________________________

COME(S) THE PETITIONER(S), (choose one):

__________________________________________ and _____________________________________________,

living parents of the above-captioned minor (minor refers to child under age 18, see KRS 401.020); or

____________________________________________________, surviving parent of above-captioned minor; or

_________________________________________________________, guardian of above-captioned minor; or

above-captioned adult, AND IN SUPPORT OF THIS PETITION STATE(S):

1.

The original name is

 

 

 

 

 

 

 

 

 

 

.

2.

The desired name change is

 

 

 

 

 

 

 

 

 

.

 

 

 

 

 

 

 

 

3.

Birthdate (MM/DD/YY) of minor/adult is

 

 

 

 

 

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.

Birth location (city, county, state) of minor/adult is:

 

,

 

 

,

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.Minor/Adult currently resides in the county in which this Petition is iled. His/Her address is:

6.Purpose of desired name change is:

. I understand identity theft is a Class D Felony

in Kentucky. KRS 514.160. I am not requesting this name change to avoid a legal obligation or evade prosecution.

7.For petition of minor with two living parents: Per KRS 401.020, if a parent refuses or is unavailable to execute this Petition, proper notice of its iling shall be made on absent parent pursuant to the Rules of Civil Procedure.

Father: Address:

Mother:

Address:

WHEREFORE, Petitioner(s) pray(s) for an Order for Change of Name.

Dated:

 

, 2

.

 

 

 

 

 

 

 

 

Petitioner’s Signature

 

 

 

 

Petitioner’s Signature

Attorney Name:

HEARING

 

 

 

 

Schedule hearing for

 

, 2

 

 

 

 

 

 

at

 

 

a.m. p.m.

 

 

 

 

 

Judge

 

 

 

 

Subscribed and sworn to before me on

, 2 .

My commission expires:

 

, 2

.

 

 

 

 

 

Notary

Note: File this Petition in the Circuit Clerk’s Ofice in the county in where you reside.

Distribution for Hearing Notice: Petitioner(s) OR Attorney for Petitioner(s), if any

Form Data

Fact Detail
Document Type The form is a Petition for Name Change (AOC-295) used in the Commonwealth of Kentucky Court of Justice.
Governing Law The petition is governed by KRS Chapter 401, specific to the legal requirements for changing a name in the state of Kentucky.
Filing Requirement The petition must be filed in the Circuit Clerk’s Office in the county where the petitioner resides.
Applicability The form can be used by the living parents, surviving parent, guardian of a minor, or an adult seeking a name change.
Identity Theft Warning The form includes a warning that identity theft is a Class D Felony in Kentucky, emphasizing the seriousness of submitting truthful information (KRS 514.160).

How to Fill Out Kentucky Petition Name Change

To successfully request a name change in Kentucky, you must fill out the Kentucky Petition Name Change form carefully and submit it to the court. This form is crucial for legally changing your name or that of a minor for whom you are responsible. The process requires clear and accurate information to be entered to avoid any delays or issues. The following instructions are designed to assist you in filling out this form step by step.

  1. Start by entering the complete current name of the person seeking the name change where it says "IN RE: CHANGE OF NAME FOR _____________________________________________________________________."
  2. Select the appropriate petitioner status by checking the box next to either "living parents of the above-captioned minor," "surviving parent of above-captioned minor," "guardian of above-captioned minor," or "above-captioned adult," depending on your situation.
  3. Write the original name of the person whose name is to be changed where it states "The original name is ."
  4. Enter the new desired name in the space provided saying "The desired name change is ."
  5. Specify the birthdate of the person whose name is to be changed next to "Birthdate (MM/DD/YY) of minor/adult is ."
  6. Fill in the birth location of the person seeking the name change, including city, county, and state, where indicated.
  7. List the current residence address of the minor or adult whose name is to be changed, confirming that they reside in the county where the petition is being filed.
  8. Describe the purpose of the name change, making sure to mention that the request is not for the purpose of evading legal obligations or prosecution, in the section marked "Purpose of desired name change is: ."
  9. If the petition is for a minor with two living parents, and one parent is not joining in the petition, provide the non-petitioning parent's name and address as required and affirm that proper notice will be or has been given according to the Rules of Civil Procedure.
  10. Sign and date the petition where indicated as "Petitioner’s Signature."
  11. If you have an attorney, enter the attorney's name where it states "Attorney Name:."
  12. Record the scheduled hearing information, including the date and time, in the section labeled "HEARING."
  13. Make sure the petition is sworn to before a notary, who will fill in the date, and note their commission expiration in the spaces provided.
  14. Remember to file this petition in the Circuit Clerk’s Office in the county where you reside, and take note of the distribution instructions for the hearing notice at the end of the form.

Once you have completed and submitted this form, the court will review your petition. You may be required to attend a hearing where a judge will decide on your request. Ensure that all the information you provide on the form is accurate and complete to facilitate a smooth process.

Crucial Queries on This Form

  1. Who can file a Petition for Name Change in Kentucky?

In Kentucky, a Petition for Name Change may be filed by the following individuals: living parents of a minor child, a surviving parent of a minor child, the guardian of a minor child, or an adult seeking to change their own name. The procedure ensures proper legal documentation of the name change.

  1. What are the requirements to file a Petition for Name Change?

When filing a Petition for Name Change, the petitioner needs to provide their original name, the new desired name, the birthdate and birth location of the minor or adult whose name is to be changed, and the current residence address. Additionally, the petitioner must state the purpose of the name change and affirm that the name change is not being sought to avoid legal obligations or evade prosecution.

  1. Where should the Petition for Name Change be filed?

The Petition for Name Change must be filed in the Circuit Clerk’s Office in the county where the petitioner resides. This ensures that the petition is processed within the proper jurisdiction.

  1. What is the significance of the declaration against identity theft in the petition?

The petition includes a declaration that the name change is not sought for the purpose of identity theft, which is classified as a Class D Felony in Kentucky. This declaration is a legal affirmation that the petitioner's motives are lawful and not intended to evade identification or prosecution.

  1. Is a hearing always required for a name change in Kentucky?

Yes, a hearing is typically required for a name change to allow the court to review the petition, ensure all legal requirements are met, and consider any objections if applicable. The date and time for the hearing are scheduled as part of the petition process.

  1. How is the absent parent notified in the case of a minor's name change?

If a minor’s parents are not jointly filing the petition and one parent is absent, Kentucky law requires that proper notice of the petition’s filing be given to the absent parent. This notification must follow the Rules of Civil Procedure, ensuring that the absent parent is informed and has an opportunity to object if necessary.

  1. Can a name change be denied by the court?

Yes, a court can deny a petition for name change if it finds that the name change is sought for fraudulent purposes, such as to evade legal obligations or criminal prosecution, or if it believes the change could negatively affect the rights of others.

  1. What information must be included about the petitioner’s birth?

The petition requires detailed information about the petitioner’s birth, including the birthdate and the birth location (city, county, state). This information is crucial for accurately updating government records following a name change.

  1. Is an attorney required to file a Petition for Name Change in Kentucky?

While an attorney is not required to file a Petition for Name Change, consulting with one may be beneficial to navigate the legal process, ensure proper completion of the petition, and address any issues that may arise.

  1. What are the next steps after the Petition for Name Change is filed?

After the petition is filed, the petitioner must attend the scheduled hearing. If the petition is approved by the court, the petitioner will receive an Order for Change of Name. It is then the responsibility of the petitioner to update their name with various government agencies, financial institutions, and other relevant entities.

Common mistakes

Filling out the Kentucky Petition for Name Change form can seem straightforward, but common mistakes can lead to delays or even denial of your request. To ensure a smooth process, here are some errors to watch out for:

  1. Incorrect Information: Providing inaccurate details, such as the wrong birthdate or birth location, can cause significant delays. Double-check all entries for accuracy.
  2. Leaving Sections Blank: Every section of the form must be completed. If a section does not apply, mark it as "N/A" (not applicable) instead of leaving it blank to show that you didn't overlook it.
  3. Not Providing Purpose: The form requires a clear reason for the name change. Failing to state the purpose or providing vague reasons can lead to the petition being questioned or denied.
  4. Failure to Notify the Other Parent: For minors, if one parent is absent or refuses to sign, Kentucky law requires the other parent to be notified. Neglecting this step can invalidate your petition.
  5. Signing Before Notarization: Your signature needs to be witnessed and notarized. Signing the document before seeing a notary invalidates the signature.
  6. Incorrect Case Number: If you have a case number, it must be correctly entered. An incorrect or missing case number can lead to processing errors.
  7. Omitting Required Signatures: If the petition involves a minor with two living parents, both must sign unless specific circumstances prevent this. Missing signatures can stall the process.
  8. Not Filing in the Correct County: The petition must be filed in the county where the petitioner resides. Filing in the wrong county can lead to your petition being dismissed.

Even small errors can complicate what should be a simple process. Paying close attention to detail and following the instructions carefully can help avoid these common pitfalls. Remember:

  • Review every detail for accuracy and completeness.
  • Understand the legal requirements for notifying other parties.
  • Ensure all necessary signatures are in place before filing.
  • Only sign the petition in the presence of a notary public to ensure it is legally valid.

By avoiding these mistakes, you can help ensure that your request for a name change in Kentucky is processed efficiently. For more detailed guidance, consider consulting with a legal professional. Remember, this form is not just paperwork; it's a step towards a new beginning or identity, and accuracy, along with a clear understanding of the process, is key to achieving your goal.

Documents used along the form

When filing a Kentucky Petition for Name Change, individuals are often required to prepare and submit additional forms and documents to support their application or comply with legal procedures. Understanding these documents can help ensure a smooth name change process.

  • Birth Certificate: The original or a certified copy is typically required to prove the current legal name and age of the person seeking a name change.
  • Proof of Residency: Documents like utility bills, a lease agreement, or a driver’s license serve as evidence that the petitioner resides in the county where the name change petition is filed.
  • Social Security Card: A copy may be required to update records with the Social Security Administration after a name change is approved.
  • Driver’s License or State ID: A copy helps identify the petitioner and is necessary to obtain a new license or ID with the updated name.
  • Marriage Certificate or Divorce Decree: If the name change is due to marriage or divorce, the relevant document must be submitted to validate the name change reason.
  • Notice of Petition for Name Change: This document notifies the public of the petitioner’s intention to change their name and is often required to be published in a local newspaper.
  • Consent Form: In cases involving a minor, consent forms from non-petitioning parents or legal guardians may be necessary to proceed with the name change.
  • Order for Name Change: After a judge approves the petition, this document legally authorizes the name change. It must be filed with the court to make the name change official.

Each document plays a crucial role in the name change process, proving identity, satisfying legal requirements, and updating personal records. Applicants should carefully gather and complete all relevant paperwork to ensure their name change is processed efficiently and legally.

Similar forms

The Kentucky Petition Name Change form shares similarities with the Application for a Marriage License in its requirement for personal information and the necessity for signatures from all parties involved. Both documents necessitate detailed personal data, such as names, addresses, and birth details. Additionally, just as the marriage license application requires both parties intending to marry to sign, the name change petition also requires signatures from the petitioner or petitioners, highlighting the importance of consent and agreement in both legal processes.

Another document similar to the Kentucky Petition Name Change form is the application for a U.S. Passport. This form requires comprehensive personal information, including full name, birthdate, and location of birth, mirroring the details needed for a name change petition. Moreover, both processes involve a verification aspect to ensure the applicant’s identity and intentions are legitimate, aiming to prevent fraud or identity theft. These safeguards underscore the gravity and significance both documents hold in affirming one’s personal identification.

The Change of Beneficiary Form, used in insurance and financial accounts, also parallels the Kentucky Petition Name Change form in its purpose to officially record a change in personal details. While the beneficiary form focuses on updating information regarding who will receive benefits, the name change petition centers on altering one’s legal name. Both forms effect a significant shift in personal identity or status that necessitates legal documentation and often requires additional verification to prevent misuse or misunderstanding of the information provided.

Last is the Voter Registration Application, which, similar to the name change petition, collects personal data for the purpose of updating public records. When someone undergoes a name change, they must also update their voter registration to reflect their new identity, ensuring their ability to participate in elections under their new name. The necessity for accuracy and truthfulness in both documents reflects their critical roles in civic engagement and personal identification, emphasizing the importance of maintaining current and correct information in public records.

Dos and Don'ts

When filling out the Kentucky Petition Name Change form, it's important to approach the process with care and diligence to ensure the request is processed smoothly. Here are some do's and don'ts to guide you through completing the form:

  • Do thoroughly read the instructions before beginning to fill out the form. Understanding each section will help in providing accurate information.
  • Do use black ink or type directly into a digital version of the form if available, as this increases legibility and reduces the chance of errors.
  • Do double-check the spelling of the new name you wish to adopt. This is crucial as correcting an error after the legal process has been completed can be cumbersome.
  • Do make sure to fill in every required field accurately, including your current legal name, the name you wish to change to, and other personal information.
  • Do provide a clear and legitimate reason for the name change, ensuring it is not for purposes of evading legal responsibilities or prosecution.
  • Do sign the petition in the presence of a notary to affirm your identity and the truthfulness of the petition.
  • Do file the completed petition with the Circuit Clerk’s Office in the county where you reside, as per the instructions on the form.
  • Don't leave any sections of the form blank. If a section does not apply, indicate with an "N/A" (not applicable) rather than leaving it empty.
  • Don't use white-out or make edits in a way that can be confusing. If an error is made, it’s better to start over with a new form to ensure clarity.
  • Don't attempt to change your name for fraudulent reasons, including but not limited to evading debt, criminal liability, or other legal obligations.
  • Don't forget to notify the other parent if you are filing a petition on behalf of a minor and only one parent is filing the petition. Proper legal notice must be provided.
  • Don't use informal or non-official forms. Always verify that you are using the latest official version of the form from the Kentucky Court of Justice website.
  • Don't overlook the requirement for a hearing date if it applies to your situation. Check the form or with the court for specific instructions.
  • Don't hesitate to seek legal advice if you are uncertain about any part of the name change process. An attorney can provide valuable guidance.

Misconceptions

When considering a name change in Kentucky, the Kentucky Petition Name Change form is an essential step in the process. However, several misconceptions surround this form, leading to confusion and misunderstandings. Here are four common misconceptions explained:

  • Only adults can file for a name change. Many people mistakenly believe that the Kentucky Petition Name Change form is exclusively for adults wanting to change their names. However, the form also allows for petitions on behalf of minors. Parents, surviving parents, or guardians can file with the consent and proper notice to the other parent or through legal procedures if consent is not obtainable.
  • The process does not require legal notification to other parties. Another common misconception is that once you file the Kentucky Petition Name Change form, no further action is required. For minors, Kentucky law mandates that if one parent is unavailable or refuses to join in the petition, the filing party must provide proper legal notice to the absent parent. This ensures that both parents have the opportunity to be involved in the decision.
  • Any reason for changing a name is acceptable. While personal autonomy is respected in the process of changing one's name, the form specifically requires petitioners to state the purpose of the desired name change. Importantly, it also includes a declaration that the name change is not sought for fraudulent purposes, such as identity theft or to evade legal obligations. This declaration is crucial, as identity theft is a Class D Felony in Kentucky.
  • The petition can be filed in any Kentucky county. It's mistakenly believed by some that the petition for a name change can be filed in any county within Kentucky. However, the form explicitly states that the petitioner must file in the Circuit Clerk’s Office in the county where they currently reside. This requirement is designed to streamline the process and ensure the proper jurisdiction is handling the case.

Understanding these details about the Kentucky Petition Name Change form can significantly improve the experience of those undergoing the process, clarifying expectations and responsibilities. It's essential for petitioners to recognize the specifics of the procedure to ensure a smooth and legally compliant name change.

Key takeaways

Filling out and submitting the Kentucky Petition for Name Change form is a significant step towards achieving a new chapter in your life. Understandably, this process may seem daunting at first glance. However, with a few key take and essential insights, you can confidently navigate through it. Here are six essential takeaways to help guide you:

  • Know your applicable category: The form accommodates various scenarios, including petitions filed by adult individuals, parents, surviving parents, or guardians of a minor. Identifying the right category for your situation is crucial for the petition to be considered valid.
  • Complete all required information accurately: In addition to names and birth details, the form requires specific reasons for the name change. Honesty and clarity about your purpose are vital, especially since avoiding legal obligations or evading prosecution is not a permissible reason for name changes in Kentucky.
  • Understand the legal implications: It's important to acknowledge the seriousness of the statement regarding identity theft and the legal obligations tied to the name change process. Kentucky law treats identity theft as a severe offense, underscoring the petition’s integrity.
  • Notice to absent parents: If the petition is for a minor with one unavailable parent, Kentucky law requires that the absent parent be properly notified about the petition. This rule ensures that both parents are aware of and have the opportunity to respond to the proposed name change.
  • File in the correct county: The petition must be filed in the Circuit Clerk’s Office of the county where the petitioner resides. Filing in the correct jurisdiction is essential for the petition’s acceptance and processing.
  • Prepare for the hearing: A hearing date is included in the petition, signifying that the process involves a formal review by a judge. Being prepared for this hearing, including having all necessary documentation and reasons for the name change ready, is key to a positive outcome.

By diligently following these guidelines and ensuring all information provided is accurate and truthful, petitioners can smoothly navigate the process towards legally changing their name in Kentucky. Remember, this process is not just about the legalities but also about moving forward in your life with a name that best reflects your identity or new beginnings. Should you have any doubts or require assistance, consulting with a legal professional can provide you with the clarity and support needed to complete this important step.

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