Each district court has specific local rules that may apply in your case.  Check with the clerk of the district court in your county.  If you fail to follow the local rules, you may not be able to finish your case.

Introduction

The procedure for legally changing the name(s) of a minor child or children is complicated.  Note:  In Nebraska, a “minor” is a child who has not yet turned age 19.  It is up to you to decide whether and how you use a lawyer in your case.  The law allows you to do the case without a lawyer, which is also known as proceeding pro se (pronounced “pro-say”).  Another option is to hire a lawyer to do only part of your case.  This is called Limited Scope Representation.  To find out more about Limited Scope Representation click on this link, or here http://nefindalawyer.com/.

These forms and instructions are intended only for cases where:

• A parent wishes to change a minor child’s or children’s name(s);
• The petitioning adult and the minor child(ren) have/has resided in the county where the Petition is to be filed for at least one year before filing the Petition;
• The minor child(ren)’s other parent consents to the change of the minor child(ren)’s name(s), or you know the other parent will not contest the action to change the minor child(ren)’s name(s), or the address of the minor child(ren)’s other parent is unknown.

YOU CANNOT USE THESE FORMS IF:

• You do not know if the minor child(ren)’s other parent will consent to the change of the minor child(ren)’s name(s); or
• You know the minor child(ren)’s other parent will contest the change of the minor child(ren)’s name(s).

Facts About Filing for a Name Change in Nebraska

• Any adult wishing to change a child’s or children’s name(s) may file a Petition in the district court in the county in which the adult and minor child(ren) reside so long as the adult and minor child(ren) have been bona fide residents of that county for at least one (1) year before filing the Petition for a name change.
• You may change the minor child(ren)’s first name(s), middle name(s), and/or last name(s).
• If you have more than one minor child in your custody and you want to change their names at the same time, you can do that in one Petition – you do not need to file a separate petition for each child.  You can simply list each child’s name in the Petition.
• If you are requesting different name changes for more than one child, then you will need to file a separate Petition for each child.  This will involve paying a separate filing fee and publication fee for each child.
• If you are a single mother who has more than one minor child in your custody whose names you want to change, but there is more than one father involved, then you will need to file a separate Petition for each child.  This will involve paying a separate filing fee and publication fee for each child.
• There is a cost to file a Petition for Name Change of a Minor Child or Children.  Once you file the Petition the case will be assigned a case number.  This number must be on all documents filed with the court.  You should be aware that there are additional costs associated with providing notice that you intend to change a minor child’s or children’s name(s) (see Legal Notice below).
• Statute requires a Legal Notice of your Petition for Name Change of a Minor Child or Children must be published once a week for two (2) consecutive weeks in the newspaper, which will cost money.  Before filing paperwork with the court you should call the newspaper and ask the cost of publishing a Legal Notice for two (2) consecutive weeks (costs differ from newspaper to newspaper) and have that money available before you file the Petition.
• In instances where a petitioner may be endangered by the publication of the Notice of Filing of a Petition for a Name Change, the requirement to publish may be waived by order of the Court.   Neb. Rev. Stat § 25-21,271(2)(b).  A petitioner believing, they, or a party for whom they are petitioning would be endangered by publication may request the requirement be waived.  
• If you file a Petition for Name Change of a Minor Child or Children without the assistance of an attorney you must complete all the forms necessary.  The clerk of the district court cannot assist you in preparing any legal documents, or advise you of the process.

Forms

Complete list of forms and instructions.

Filing the forms

To begin the process you must take your completed Petition for Name Change of a Minor Child or Children (DC 6:11.1) and the Confidential Party Information - Name Change of a Minor Child (DC 6:11.7), along with the filing fee to the clerk of the district court in the county in which you and the minor child(ren) reside.  Please refer to the Instructions for Completing the Petition (DC 6:11.1a) and the Instructions for Completing the Confidential party Information - Name Change of a Minor Child (DC 6:11.7a) for details on how to fill out these two forms.

Legal Notice by Publication

• After filing the Petition for Name Change of a Minor Child or Children you must give notice that you are changing the name of the minor child(ren),or obtain an order waiving the requirement to publish.
• In cases a petitioner is required to publish the Notice of Filing for a Name Change, the petitioner will take the notice to the newspaper and  publish, the  notice in the county where the Petition is filed, or in a newspaper in general circulation in the county.  Before you can prepare the Legal Notice you will need to set a hearing date.  To set a hearing date ask the clerk for the name and phone number of the bailiff or other court personnel to contact in order to schedule the hearing.  The hearing should not be scheduled sooner than approximately four (4) weeks from the time you filed your Petition, to give you the necessary time to have the Legal Notice published once a week for two (2) weeks prior to the hearing.
• Once you have a hearing date you should immediately complete the Legal Notice (DC 6:11.2) form using the Instructions for Completing the Legal Notice for Publication (DC 6:11.2a).  Contact the newspaper to arrange for publication of the Legal Notice and ask the newspaper to provide the court with proof that the Legal Notice was published at least once a week for two (2) weeks.  Some papers will mail this proof (called an Affidavit of Publication) directly to you.  If that happens, take the original Affidavit of Publication to the clerk of the district court for filing. 

• If you wish to request a court waive the requirement to publish the Notice of Filing of Name Change,  you must complete the  Petitioner's Showing and Request for Waiver of Publication.  This should be filed at the same time as the Petition for Name Change.  A showing means you need to present evidence in the form of documentation to support your request.  Note: This form does require hard copy documents supporting the request for the waiver be provided by the petitioner to the court.   The clerk’s office will notify you of the judge’s decision in writing (or e-mail if your e-mail address is registered with court).  If the judge grants your order, you may proceed without publication and can contact the court to set a hearing date.  If the judge denies your request to waive publication, you will need to complete the steps for publication noted above. 

Consent by Other Parent

If the other parent agrees to the name change for the child(ren), that parent should complete and sign a Consent (DC 6:11.3) which you will give to the court at the time of the hearing.  Please refer to the Instructions for Completing the Consent (DC 6:11.3a) for details on how to fill out this form.

Notice to Parent

You will need to send a copy of a Notice to Parent (DC 6:11.4) to the other parent giving them notice that you filed the Petition for Name Change of a Minor Child or Children.  Please refer to the Instructions for Completing the Notice to Parent (DC 6:11.4a) for details on how to fill out this form.  A copy of the Notice must be sent to the other parent by certified mail within five (5) days after publication in the newspaper.  If the other parent pays child support, the Notice must be sent to the other parent at the address last provided to the clerk of the district court.  Call the office of the clerk of the district court where the child support order was entered and ask for the other parent’s current address.  If you know that the other parent no longer lives at the address provided to you by the clerk, you may want to mail the Notice to both the address provided by the clerk and the address where you know the other parent currently lives.  If no address for the other parent is on file with the clerk of the district court because no court case has ever been filed against the other parent and you do not know the address of the other parent, you do not need to prepare and file the Notice to Parent.

When you go to the post office to mail the Notice, ask the post office to send it by certified mail to the other parent.  You do not need to send the Notice by registered mail, nor do you need to insure it.  Also, you do not need to have the other parent sign for the Notice when it is delivered; it is okay if any adult signs for the Notice when it is delivered.  Keep the green card that the post office sends back to you in case the court wants to see it at the hearing.

You will need to mail a copy of the published notice (what was in the newspaper) to the last known address of all other people appearing to have a legal interest in this matter.  This has to be done within 5 days after the notice has been published in the newspaper for the first time. 

To tell the court that you mailed these copies, you will complete and file an Affidavit of Mailing Published Notice (DC 6:6.8) using the Instructions for Completing the Affidavit of Mailing Published Notice (DC 6:6.8a). This form MUST be filed with the court within 10 days after you mailed the copy of the newspaper’s published notice to all interested people. 

The court will not hear your case until this form is filed, so make certain you file it before your hearing. 

In this form you are swearing under oath that you mailed them.  This form must be notarized.

Court Hearing on Name Change

• Before the hearing date you must prepare the Decree for Name Change of a Minor Child (DC 6:11.5) using the Instructions for Completing the Decree for Name Change of a Minor Child (DC 6:11.5a).  If you are changing the name of more than one child you must prepare a Decree of Name Change of a Minor Child for each child for whom you are requesting a name change.  Prepare your testimony for the hearing.  You should bring two copies of each Decree for Name Change of a Minor Child to the hearing.  The judge will keep the original signed Decree for the court file and will give you a copy for your records.
• Before the hearing date you should check with the clerk of the district court to make sure the newspaper has filed an affidavit saying the Legal Notice was published once a week for two (2) consecutive weeks or, if the affidavit is sent to you, you must file it with the court.  You should take file stamped copies of the Affidavit of Publication and Notice to Parent to the hearing in case the judge wants you to have them marked as Exhibits at the hearing.
• Before the hearing date you should also check with the judge’s bailiff to see if the minor child(ren) will be allowed in the courtroom during the hearing and whether or not the judge will want the minor child(ren) present during the hearing.
• You must attend the hearing and testify under oath about the issues raised in the Petition for Name Change of a Minor Child or Children.  The issues raised are covered in the Instructions for Minor Child(ren) Name Change Hearing (DC 6:11.6).
• Once the court has granted your request for the minor child’s or child(ren)’s name change(s) and has signed the Decree(s) for Name Change of a Minor you should get a certified copy of the Decree(s) for Name Change of a Minor Child from the clerk of the district court.  Once you have received a certified copy of the Decree(s), you may use the certified copy(ies) to change the minor   child(ren)’s records, including Social Security Administration records.