Can anyone explain this strange little piece of law to me?

Forums: Legal, Law, Name Change
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For the last 10 years my kid has called himself by a different name. All of his official records are under his legal name but nobody calls him that, ever. Most people don't know his real name.

He's going to be driving soon so I thought this would be a good time to change his name to what he's known by. All of the paperwork required to do this is online (http://courts.oregon.gov/Multnomah/docs/FamilyCourt/NameChangePacket_ForMinorChildren.pdf) and it's all pretty straightforward except for one little item.

Please note, my husband and I, his parents, are happily married and living together.

So, on with the show...

On the day of the initial filing...

Quote:

You now need to decide which method of service you will be using to serve the other parent or legal guardian, or both parents if you are not a parent of the child. Below are options for service. For more information on service see ORCP 7.

The other parent or legal guardian must receive a true copy of Form 3
& Form 4 and you must show proof of service to the court that the other
parent or legal guardian received the copies.

It goes on to note that the papers can be served by the Sheriff by a 3rd party service, by certified mail, OR

Quote:

Consent of Other Parent or Legal Guardian

If the other parent or legal guardian voluntarily agrees to the Name Change, the other parent or legal guardian can complete Form 10. That person must sign Form 10 in front of a notary. The form must then be returned for filing with the Family Law Clerk in Room 211. (If the other parent or legal guardian lives in Multnomah County, he or she can come to Room 211 and have the Family Law Clerk notarize the signature with proper identification).

So I look at Form 10, thinking I can just have Mr. B fill it out, get it notarized, and I could file it with the rest of the papers at the initial visit when I notice this part of Form 10:

Quote:

I have received a copy of the Name Change Petition and Notice of Name Change Hearing in the case described above. I hereby consent to the petition to change the child's name to: XXXX

Am I understanding correctly that Mr. B cannot sign Form 10 until he's been served with the papers?

This seems very circular and I'm a bit confused. Any help appreciated.

Thanks!

Edit: I don't know why my last bit is quoted within a quote. I've put no quote marks. It makes things look confusing...

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@boomerang,

When we were kids and in the service, we used nicknames for people. As kids and members of the military we didn't know it was insulting to the boy or soldier. There are some things in life we learn too late, and there's nothing we can do about it.

2 Replies

@boomerang,

I can't make any sense out of it either. Is there any chance that it needs to be signed by the original parents? I can't make it read that way, but nothing else seems to make sense.

1 Reply

@cicerone imposter,

He's used this name exclusively for the last 10 years. Nobody knows his real name but me and Mr. B. His teachers know him by this name so when his legal name shows up they have no idea who it is.

It's a good name. Not nick-namey at all.

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@roger,

I can't imagine it has anything to do with his biological parents. We were told a thousand times during the course of the adoption that we were the parents now and the others had no rights at all.

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@boomerang,

That's what I thought, but I was trying to force the instructions into making some kind of sense. It indeed sounds kind of circular.

1 Reply

@cicerone imposter,

Huh? When I was in the service, getting a nick name was a sign you were accepted as part of the unit you were in. You felt like **** if you didn't get one.

But anyway, I got confused by the forms long before you got to the final knot.
All that 'other parent' language made it sound like your parents had to be divorced before you could have your name changed.

Either that or Ive had too much weed this evening..

2 Replies

@roger,

I understand there are extra precautions regarding changing a minor's name -- contentious divorces and someone trying to hide the kid from the other parent and that kind of nonsense.

There probably aren't too many people who say "His name is Mike but he wants to be called Joe so we'll change his name."

There is a 30 day waiting period so perhaps I just have to have him served with the papers and make an extra trip to the court house to file his agreement.

0 Replies

@Leadfoot,

Leadfoot wrote:

All that 'other parent' language made it sound like your parents had to be divorced before you could have your name changed.

Indeed, that would make sense, but there just has to be a route for adoptive parents. This situation just can't possibly be unique.

1 Reply

@Leadfoot,

I guess I was never accepted in the air force, because they all called me by my legal name.
I still keep in touch with a guy, Jerry Haas, I met in the air force (in Morocco as a matter of fact) over 50 years ago. We both worked with nuclear weapons. We still trade Christmas cards every year. He lives in Texas, and I met up with him and his daughter on one of my trips to visit our son in Austin.

1 Reply

@cicerone imposter,

Must be an Army thing. You wing nuts were so much more civilized.

1 Reply

@boomerang,

I just went and looked at the statute/s. Looks like it would be easier if your kid applied himself (either now or in 2 years).

1 Reply

@Leadfoot,

Not really. We found the Army to be too rank conscience. Date of rank made a big difference in the Army. In the Air Force, we hob nobbed with officers. When I was stationed at Travis AFB in California, a Colonel used to give me a ride to the mess hall, because our place of work was usually on the other side of the flight line where the conventional and nuclear weapons were stored, and where we worked. When I was stationed at Ben Guerir AFB in Morocco, a Major used to sign out a jeep for me to use. When I was stationed at Walker AFB in New Mexico, I got involved with the Roswell Little Theater Group, and officers, enlisted and civilians socialized and worked hand in hand.

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@roger,

His last name was changed at the time of the adoption. That was easy. It was all just part of the paperwork. A new birth certificate and social security card were issued.

He started out as "Michael Phillip Thomas"

At adoption he became "Michael Thomas Boomerang".

Since he was 6 he's been called "Joe R. Boomerang"

1 Reply

@boomerang,

I like JRB better than MPT. Wink

1 Reply

@ehBeth,

I'll look into him filing for himself.

I suppose we could wait two more years and have it all be smooth sailing.

Since he started high school last year having two names has become more of a problem for him though. He doesn't want to be called "Mike" and he gets pretty upset when it happens publicly by teachers who see it on their class list and don't know that he doesn't go by that (and mostly won't answer to it).

I've already had a couple of calls this year saying he's skipped class when he hadn't.

It just seems like it's time to do something.

1 Reply

@cicerone imposter,

Me too.

The "R." doesn't stand for anything. We aren't sure where it came from. Fortunately, he can just use "R." for his middle name.

0 Replies

@boomerang,

I'm surprised the school can't fix their class lists for him.

I went to school with a young woman who had a nervous breakdown after grade 9. She spent a year in a hospital. Returned in grade 11 using a different first name. The principal changed her name on all the class lists. You'd think it would be easier now (Smiling Jack made the changes on each list himself with a pen).

1 Reply

@ehBeth,

I think it just comes through on their computers under his legal name and making edits to his record would be discouraged.

Paper and pen days were much better for this sort of thing.

1 Reply

@boomerang,

Have you talked to the principal about it? I can think of a number of situations where names other than legal names would be used - can't imagine this would be a first for the school/district.

It's come up here a bit lately as we have a lot of recent refugees who are switching their names when they go to school/public programs.

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Can anyone explain this strange little piece of law to me?

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