Has anyone been denied a name change? - Got my date!!

[thefire]

I'm going to be filing for a name change very soon, tomorrow probably. I only get one shot a year to do anything big, and that is when I get my taxes back. And since I got my refund, I've got the extra money to file. but I'm just wondering if anyone has shelled out the cash and then been denied, and what was the reason you were given for the denial? Do you have a chance to appeal it or have it reconsidered if the judge does deny you, without paying the fess all over again?


--- Update! I got my court date already!! I'm still afraid of it being denied because I'm going from an obviously female name to a strictly male name! I'm also afraid of what terms they consider someone to be "harmed" by your change of name. As in, people are allowed to show up to protest, right? So what if the couple of people who give me a lot of trouble come to protest it and carry on about how I'm supposed to be a girl and how it would upset them for my name to be changed. Is that a valid reason to a judge, is that someone just doesn't like the fact that you're trans?

[Stephe]

There was a case in GA years ago where a VERY conservative religious right (R) judge refused to allow a MTF name change. The local equal rights lawyers jumped all over it and over turned it. I don't think today many judges would want to get involved in something like this, even if they -have a personal problem with it-. They have ZERO legal right to deny it just because you're changing the gender of your name. I paid a lawyer to deal with mine out of laziness mainly plus to avoid any problems. A judge might be more likely to try to pull some bigoted nonsense if there isn't a lawyers name attached to the request? Depends on where you live too I imagine if this is a realistic issue to consider.

BTW this will be HUGE for you, congrats!!

[Sad Girl]

In my country it was illegal to be Homosexual, hence illegal to change name from Male to Female (but Male to Male yes). I was denied and my attorney told me only 1 person like you can't change the constitution of the country. So I left my hell country to come to a new country where I can change name, sex and everything. But you must ask from the beginning if they can really change or not and don't pay them before knowing.

[Felix]

I can only speak for the US, but I've moved around a lot and always had name change in mind, and though there were quirks to the rules in every state I checked, I never heard of anybody being denied a name change on any grounds.

Incidentally, my court date to change mine was last week. The whole process was time-consuming and paperworky, but I was never asked for a reason. I was the last person called up out of the 30 of us scheduled that day (not alphabetical), and I do suspect they did that on purpose because my name was going from a very obviously female name to a very obviously male name. Most everybody else seemed to be immigrants taking more local-sounding names, and marriage-related changes.

[Jeneva]

Before I changed mine I did a bit of research and did see where a judge in middle TN had denied a name change for a FTM, but he had the trial investigated and it was ruled that the other judge couldn't make his judgement and magically his name was changed (of course no admission of wrong doing occurred).

I'm in upper east TN and I was REALLY worried that something would happen and the judge would deny it.

I was actually FIRST of the name changes, but we'd all been waiting after some divorce cases with real issues.  He did seem a bit surprised as he read the name, but didn't hesitate to grant it once he asked the "formal" questions the law requires.

Thinking back on it, what judge is going to deny a name change KNOWING it will bring an inquiry.

[Stephe]

Thinking back on it, what judge is going to deny a name change KNOWING it will bring an inquiry.

Right, at this point there is case law that they can be shown to be ignoring. It would be a idiot move to deny it nowadays.

[Bird]

So in the USA all you do for the name change is fill paperwork?

[Stephe]

So in the USA all you do for the name change is fill paperwork?

You have to file paperwork with the court, run an advertizing in legal paper, swear you aren't doing it to hide from debt etc and judge has to approve, mostly a rubber stamp deal if all the paperwork is filled out correctly. Lots of people do it themselves. I hate dealing with courts so paid a lawyer, no one had to go to court in my case using a lawyer. They mailed the papers back to my lawyer. It takes a while to go through all the steps.

[tekla]

The US rules vary from state to state, which is to say, there are 50 different sets of name-change laws, in some places it's pro forma, in others it can be a bit harder.

[Jeneva]

You have to file paperwork with the court, run an advertizing in legal paper, swear you aren't doing it to hide from debt etc and judge has to approve, mostly a rubber stamp deal if all the paperwork is filled out correctly. Lots of people do it themselves. I hate dealing with courts so paid a lawyer, no one had to go to court in my case using a lawyer. They mailed the papers back to my lawyer. It takes a while to go through all the steps.

TN doesn't even require the ad anymore.  You do have to say you aren't hiding from debt, or a registered sex offender, etc.  I didn't use a lawyer and it was right at $200 for the whole process.  But as Tekla said the laws vary from state to state and the cost varies from county to county inside those states.

[JenJen2011]

Yup. What they said. When I changed my name in 2007, I paid a total of about $150.00 and about 3-4 weeks later was notified by mail that the change was approved by the judge. I remember that day like it was yesterday.

[Bird]

It is incredibly easier from the amount of stuff I have to go through here in Brazil.

[tekla]

I think a lot of things are like that, it's a lot easier to do in the US, so long as you can pay for it.  I read about people who go to the NHS in England, and it takes half a year to get a first appointment and the follow up is set for six months later.  Compare that to some of our US members who go from 'this is me' to SRS inside of that same year.

[thefire]

I filed my name change today and I had ask her to check that I filled everything out correctly. I really hope it goes through! I didn't know that judges for the most part can't deny you. I thought that since it goes to a judge, that it is the judge's decision, and they could deny you out of a personal prejudice or just because they feel like denying you. So there is a way to appeal it, or have it investigated rather, if you are denied? That makes me feel better. I don't have a lawyer, I'm just trying to do this myself. From everything I've seen online, you have to live in a place for at least a year to change your name, that's why I figure I should change my name while I'm still in my home town. I really hope I get it, it's driving me crazy! I hate both waiting and not knowing! But I feel better hearing that the judge might be afraid of stirring up some kind of equal rights fiasco to to flat out deny my name change just for the sake of saying no. 

[Felix]

I've never been asked how long I've lived somewhere, but that is the kind of odd requirement some places have.

One thing that made me laugh - my required "public notice" involved putting a form on a bulletin board in a tiny room on the second floor of the court house.

[thefire]

Here you are required to have been a resident of the state for at least a year, and publish a legal notice in the newspaper for a week. I've never been in any trouble with the law, but I do have debts. Should I let all of those companies know beforehand that I'm changing my name, or wait until after? I have no intentions of not letting them know, but I don't want them trying to stand in the way either. I really need this to happen for me. I hope I get it.

[Jeneva]

Here you are required to have been a resident of the state for at least a year, and publish a legal notice in the newspaper for a week. I've never been in any trouble with the law, but I do have debts. Should I let all of those companies know beforehand that I'm changing my name, or wait until after? I have no intentions of not letting them know, but I don't want them trying to stand in the way either. I really need this to happen for me. I hope I get it.

You aren't questioned if you have debts, but rather are you trying to hide from them?  For most of them you cannot change your name in their records until you get the court order.

[thefire]

Right, that's what I thought, that I'm not going to get all of my documents and financial information changed without proof that my name has been legally changed.

[Felix]

Right, that's what I thought, that I'm not going to get all of my documents and financial information changed without proof that my name has been legally changed.

I'm actually going a step further and not trying to get documents changed until I get my driver's license change. Because lol I tried a few and nobody wanted any part of it until my photo ID matched my new name.

[thefire]

-Bump- I got my court date already and I have another concern!

I'm still afraid of having my name change denied because I'm going from an obviously female name to a very male name. I'm also afraid of what they would consider someone to be "harmed by" your change of name. As in, since people are allowed to show up to protest it, so what happens if the couple of people who give harass me all the time come to protest it and carry on about how I'm supposed to be a girl and how it would upset them for my name to be changed. Is that a valid reason to a judge, is that someone just doesn't like the fact that you're not being who they want you to be? If they claim that they're "harmed by" my name change, or try to claim it will cause them stress and heartache or whatever line of drama they want to throw out, is that enough reason to not allow a name change?