Community Conversation => Transitioning => Legal Matters => Topic started by: AnxietyDisord3r on August 07, 2016, 05:03:14 AM Return to Full Version
Title: Court order name change timelines
Post by: AnxietyDisord3r on August 07, 2016, 05:03:14 AM
Post by: AnxietyDisord3r on August 07, 2016, 05:03:14 AM
Does anybody know the timelines for a court ordered name change? In my state you have to get fingerprinted and background checked first. How long does that take? I want to get it done in October in between the voting periods where if I changed my name according to current laws I would lose my right to vote--boo, hiss! I just want to know if I get a background check how long do I sit on that before going to court, or will I have to get it done all over again? And how far out do you schedule a court date?
Title: Re: Court order name change timelines
Post by: JoanneB on August 07, 2016, 07:54:35 AM
Post by: JoanneB on August 07, 2016, 07:54:35 AM
Fingerprinting and pre-employment background checks usually go pretty quickly, a week or 2 tops. It's primarily a public records search to see if you are a known nogoodnick or not. I'm guessing the courts will hand you a "Suggested" list of vendors. If not, this is going to take time to gather up for a DIY'r or where the lawyer makes his money. I got fingerprinted at some GoodWill jobs center. They may even do background checks. I'm sure finding any place is easy since it is a requirement for about any job these days.
Once that part is done, usually there is posting a legal notice in a newspaper or two "Of Record" followed by some waiting time prior to the court date. Once the judge say OK and slams the gavel that's it. Just a short wait for the bureaucracy to crank out the official name change decree document(s). Ask for 2 more then you'll think you will ever need. Some place just seeing the official paper and them making a copy is enough, others want to keep it.
As far as voting. The role book is sadly outdated with people who've been dead for ten or more years. So don't sweat a name change if your ID still has the old one.
Do some Googling, but I suspect you are close to running out of time to have everything "Cleanly" in place before the end of Oct
Once that part is done, usually there is posting a legal notice in a newspaper or two "Of Record" followed by some waiting time prior to the court date. Once the judge say OK and slams the gavel that's it. Just a short wait for the bureaucracy to crank out the official name change decree document(s). Ask for 2 more then you'll think you will ever need. Some place just seeing the official paper and them making a copy is enough, others want to keep it.
As far as voting. The role book is sadly outdated with people who've been dead for ten or more years. So don't sweat a name change if your ID still has the old one.
Do some Googling, but I suspect you are close to running out of time to have everything "Cleanly" in place before the end of Oct
Title: Re: Court order name change timelines
Post by: tgchar21 on August 07, 2016, 10:10:35 AM
Post by: tgchar21 on August 07, 2016, 10:10:35 AM
Actually the background check when doing a name change is usually a bit different from what Joanne said - in most states you wouldn't go through a private vendor. Background checks done for court reasons are usually a direct pull of your RAP sheets from the FBI and state BIs (where you've lived within a certain time) - you fill out a fingerprint card (I believe one for each BI that needs to be checked), get fingerprinted, and send the cards and any applicable fees to said agencies. Any waits based on the checks would depend on how quickly those agencies process you request.
ETA: As Jessika said the fingerprints may be handled electronically, but the other parts of the procedure would be similar.
ETA: As Jessika said the fingerprints may be handled electronically, but the other parts of the procedure would be similar.
Title: Re: Court order name change timelines
Post by: Jessika on August 07, 2016, 10:29:02 AM
Post by: Jessika on August 07, 2016, 10:29:02 AM
I'm starting my Name Change at the end of this Month. Going to the local Police Station to have them Fingerprint me. They electronically send it where it needs to go. Once the Court get's the results I will be given a Court date to see the Judge. This is in Florida.
Title: Re: Court order name change timelines
Post by: FTMax on August 07, 2016, 10:29:32 AM
Post by: FTMax on August 07, 2016, 10:29:32 AM
Speed of a background check depends entirely on the agency doing it and how they prioritize it along with their other responsibilities. I do background checks for a variety of organizations. I have done them in as fast as a few hours if the case is not particularly in depth. The longest it's ever taken me to do just a standard background check on anyone is 6 weeks. If there's anything in your background that would require a more in depth look, that requires me to access more records or call people or physically go somewhere to obtain them, and that would obviously make it longer.
If you've never changed your name before, don't have a criminal record, aren't delinquent on any debts, etc. a good turnaround would be 1-2 weeks. If the agency doing the background check is slammed, 4-6 weeks. Generally. If they've just got one dude doing them on a first-come first-served basis, YMMV.
If you have contact information for the place doing the background check, I would call and ask what the typical turnaround is. Then I would call the court directly and see what they recommend. If you live in a state where you're going to have to go before a judge, I would try to make the date as early as possible since they're usually booked out a few weeks to months in advance.
If you've never changed your name before, don't have a criminal record, aren't delinquent on any debts, etc. a good turnaround would be 1-2 weeks. If the agency doing the background check is slammed, 4-6 weeks. Generally. If they've just got one dude doing them on a first-come first-served basis, YMMV.
If you have contact information for the place doing the background check, I would call and ask what the typical turnaround is. Then I would call the court directly and see what they recommend. If you live in a state where you're going to have to go before a judge, I would try to make the date as early as possible since they're usually booked out a few weeks to months in advance.
Title: Re: Court order name change timelines
Post by: karenpayneoregon on August 08, 2016, 05:30:29 AM
Post by: karenpayneoregon on August 08, 2016, 05:30:29 AM
It's been awhile but I believe the sequence here in Oregon is
To my knowledge there was no background check but that does not mean one was not done. No fingerprinting was done, not a requirement.
Total fees: 130 USD. I hear some states are considerably more and take long.
- Apply for name change, seven pages to fill out, lots of repeating of information and they look it over closely.
- Post application in the court room main entrance for two weeks
- Come back, retrieve posting, return it to the office the application was made. Optionally purchase copies of the name change paper work. I purchased 10 at five dollars each
To my knowledge there was no background check but that does not mean one was not done. No fingerprinting was done, not a requirement.
Total fees: 130 USD. I hear some states are considerably more and take long.
Title: Re: Court order name change timelines
Post by: CMD042414 on August 08, 2016, 07:32:32 AM
Post by: CMD042414 on August 08, 2016, 07:32:32 AM
Wow that's it in Oregon?! In my state Pennsylvania, it was a headache. Been two years so I'll try to remember:
1. Go to the local police station and get printed. This costs $15.
2. Go to City Hall and fill out about 5 documents, mainly repetitive as said previously. Spend $2 on making copies at their machine because they make you do so.
3. Hand in documents and fingerprint card to City Hall with about a $250 fee.
4. Contact two local newspapers and have an ad run in the announcements section about your name change. This must run for two weeks. The newspapers will send you a receipt with a snapshot of the ad. Cost is $100 or so.
5. Wait to receive your court date info in the mail at home. This can take up to two weeks.
6. Attend your hearing which is about 3-4 weeks later. Bring your copies of the documents and your newspaper receipts.
7. About a week later you are contacted to come pick up your decree at City Hall. You'll want to purchase multiple copies of the original which cost $25 per.
1. Go to the local police station and get printed. This costs $15.
2. Go to City Hall and fill out about 5 documents, mainly repetitive as said previously. Spend $2 on making copies at their machine because they make you do so.
3. Hand in documents and fingerprint card to City Hall with about a $250 fee.
4. Contact two local newspapers and have an ad run in the announcements section about your name change. This must run for two weeks. The newspapers will send you a receipt with a snapshot of the ad. Cost is $100 or so.
5. Wait to receive your court date info in the mail at home. This can take up to two weeks.
6. Attend your hearing which is about 3-4 weeks later. Bring your copies of the documents and your newspaper receipts.
7. About a week later you are contacted to come pick up your decree at City Hall. You'll want to purchase multiple copies of the original which cost $25 per.
Title: Re: Court order name change timelines
Post by: Devlyn on August 08, 2016, 07:59:34 AM
Post by: Devlyn on August 08, 2016, 07:59:34 AM
I'm documenting my name change here, I started the process on May 25th and I'm hoping it will be finished sometime this month.
Massachusetts name change timeline (https://www.susans.org/forums/index.php/topic,209974.0.html)
Hugs, Devlyn
Massachusetts name change timeline (https://www.susans.org/forums/index.php/topic,209974.0.html)
Hugs, Devlyn
Title: Re: Court order name change timelines
Post by: karenpayneoregon on August 08, 2016, 06:39:06 PM
Post by: karenpayneoregon on August 08, 2016, 06:39:06 PM
Yes, Oregon is fairly easy. Also, my therapist was able to provide a letter to DMV to have my gender marker changed prior to gender reassignment surgery too so I did the name change followed by renewing my driver licence with F for gender marker.
Title: Re: Court order name change timelines
Post by: CMD042414 on August 08, 2016, 08:36:25 PM
Post by: CMD042414 on August 08, 2016, 08:36:25 PM
Yes, same here. At least we have that in conservative PA.
Title: Re: Court order name change timelines
Post by: Jessika on August 19, 2016, 05:48:56 PM
Post by: Jessika on August 19, 2016, 05:48:56 PM
I went to the Police Station today to get my Fingerprints done.
Got home earlier and filled out my Name Change Petition as best as I could. (Had to try and remember where I have lived since Birth...really?).
I'm going to the local UPS store tomorrow to have it notarized and Monday I go to the Courthouse to file it.
From what I understand, UPS is authorized to Notarize these types of documents.
Got home earlier and filled out my Name Change Petition as best as I could. (Had to try and remember where I have lived since Birth...really?).
I'm going to the local UPS store tomorrow to have it notarized and Monday I go to the Courthouse to file it.
From what I understand, UPS is authorized to Notarize these types of documents.
Title: Re: Court order name change timelines
Post by: FTMax on August 20, 2016, 10:03:01 AM
Post by: FTMax on August 20, 2016, 10:03:01 AM
Quote from: Jessika on August 19, 2016, 05:48:56 PM
I went to the Police Station today to get my Fingerprints done.
Got home earlier and filled out my Name Change Petition as best as I could. (Had to try and remember where I have lived since Birth...really?).
I'm going to the local UPS store tomorrow to have it notarized and Monday I go to the Courthouse to file it.
From what I understand, UPS is authorized to Notarize these types of documents.
You can also get it done at your bank for free :)
Title: Re: Court order name change timelines
Post by: Jessika on August 20, 2016, 01:51:54 PM
Post by: Jessika on August 20, 2016, 01:51:54 PM
Quote from: FTMax on August 20, 2016, 10:03:01 AMYes, I know but it wasn't an option since the weekend was upon us.
You can also get it done at your bank for free :)
What happened was....I went to the Police Station here where I live on Friday and had my Prints done. As I was speaking to the clerk, she asked me if I already filed my Petition. I told her no.
She then told me that most people usually File their petition so they have a Case number, so when my Background comes back they can just put it with my Petition. That way my Prints don't float around wondering what case they go with. hehe
I asked her how long it would take. She said since it was Friday..The results can be back as soon as Monday.
So....
Instead of waiting until Monday to have it Notarized, I decided to do it today at UPS since the banks were closed.
Only cost $10. No biggie. It's one less thing I have to worry about Monday morning when it will be most busiest at Banks and the Courthouse. :)
I'm happy I got the Petition Notarized. I made a copy at home. They will get the original come Monday.
Title: Re: Court order name change timelines
Post by: Jessika on August 23, 2016, 08:25:40 AM
Post by: Jessika on August 23, 2016, 08:25:40 AM
I went to the Courthouse yesterday. Got pretty disappointed that when I went there the Clerk gave me a checklist with all the items I needed to get a case number filed. These were not listed on the website I used to get the info.
There were two items: A Form 12.900(h) Notice of Related Cases and a Copy of Birth Certificate.
Well, I researched the 12.900, filled it out and got it notarized.
My issue...
I was born abroad BUT..I am a US Citizen (US Passport, Naturalization Certificate) and even a Military ID and a DD-214 (Retired Military).
Nowhere on the list I was given does it state that any other document would suffice.
So I called them yesterday and a man answered the phone in a hurried up voice. I started to ask him if my other documents would show proof of Citizen ship since I don't really have my original Birth Certificate and no way of getting it.
He then bluntly said "You need to research it and get it."
I said thank you and hung up.
I was so disappointed and left the courthouse. I texted my Mom last night and she said she has a Copy somewhere and will send it to me...hopefully she finds it. But anyway..
I never had to produce my Birth certificate anywhere for any reason once I was naturalized and had my US Passport.
Why now, with a simple name change?
I can't find answers and if anyone would like to help me keep searching...I'm referring to the Duval County Courthouse in Jacksonville FL.
I wanted another opinion so I left a message this morning with the Caseworker I spoke to. I hope she calls me back.
There were two items: A Form 12.900(h) Notice of Related Cases and a Copy of Birth Certificate.
Well, I researched the 12.900, filled it out and got it notarized.
My issue...
I was born abroad BUT..I am a US Citizen (US Passport, Naturalization Certificate) and even a Military ID and a DD-214 (Retired Military).
Nowhere on the list I was given does it state that any other document would suffice.
So I called them yesterday and a man answered the phone in a hurried up voice. I started to ask him if my other documents would show proof of Citizen ship since I don't really have my original Birth Certificate and no way of getting it.
He then bluntly said "You need to research it and get it."
I said thank you and hung up.
I was so disappointed and left the courthouse. I texted my Mom last night and she said she has a Copy somewhere and will send it to me...hopefully she finds it. But anyway..
I never had to produce my Birth certificate anywhere for any reason once I was naturalized and had my US Passport.
Why now, with a simple name change?
I can't find answers and if anyone would like to help me keep searching...I'm referring to the Duval County Courthouse in Jacksonville FL.
I wanted another opinion so I left a message this morning with the Caseworker I spoke to. I hope she calls me back.
Title: Re: Court order name change timelines
Post by: KarynMcD on September 06, 2016, 12:17:00 PM
Post by: KarynMcD on September 06, 2016, 12:17:00 PM
Quote from: Jessika on August 23, 2016, 08:25:40 AMI don't really have my original Birth Certificate and no way of getting it.Do you not know what country you were born in or does it not exist anymore?
Contact your local Consulate of the country and they should be able to tell you how to get your birth certificate.
If the country doesn't exist anymore, that's a whole different problem.
Title: Re: Court order name change timelines
Post by: Devlyn on September 06, 2016, 12:33:57 PM
Post by: Devlyn on September 06, 2016, 12:33:57 PM
Quote from: Devlyn Marie on August 08, 2016, 07:59:34 AM
I'm documenting my name change here, I started the process on May 25th and I'm hoping it will be finished sometime this month.
Massachusetts name change timeline (https://www.susans.org/forums/index.php/topic,209974.0.html)
Hugs, Devlyn
The court order arrived last Thursday, 9/1/16. :) Ninety nine days and $340 well spent!
Hugs, Devlyn
Title: Re: Court order name change timelines
Post by: Jessika on September 07, 2016, 07:22:56 AM
Post by: Jessika on September 07, 2016, 07:22:56 AM
Quote from: KarynMcD on September 06, 2016, 12:17:00 PMMy mom had a copy and I used that. That problem was solved easily, thankfully.
Do you not know what country you were born in or does it not exist anymore?
Contact your local Consulate of the country and they should be able to tell you how to get your birth certificate.
If the country doesn't exist anymore, that's a whole different problem.
Title: Re: Court order name change timelines
Post by: Jessika on September 07, 2016, 07:26:51 AM
Post by: Jessika on September 07, 2016, 07:26:51 AM
Quote from: Devlyn Marie on September 06, 2016, 12:33:57 PMGrats Devlyn,
The court order arrived last Thursday, 9/1/16. :) Ninety nine days and $340 well spent!
Hugs, Devlyn
The Clerk told me it could take 60 days before I get an order. It's been 1 1/2 weeks. lol
Here in FL it was $401.
Now the waiting game begins.
Oh, How are you going to present in court?
I am going as myself, but my issue is hair. Should I dress to impress? Casual? I want to wear a Ballcap with a ponytail, not sure if I should.
If Hats are a no-no I will wear a wig most likely. I still have that Male bald pattern issue, but not as bad since the hair around it has been growing. My hair is down to my shoulders, but the location of the rest is questionable.
Thoughts?
Title: Re: Court order name change timelines
Post by: FTMax on September 07, 2016, 08:13:40 AM
Post by: FTMax on September 07, 2016, 08:13:40 AM
Quote from: Jessika on September 07, 2016, 07:26:51 AM
Oh, How are you going to present in court?
I am going as myself, but my issue is hair. Should I dress to impress? Casual? I want to wear a Ballcap with a ponytail, not sure if I should.
If Hats are a no-no I will wear a wig most likely. I still have that Male bald pattern issue, but not as bad since the hair around it has been growing. My hair is down to my shoulders, but the location of the rest is questionable.
Thoughts?
Court attire = conservative, professional. No hats. I would recommend a nice top with slacks, or a pants suit if you have one.
Title: Re: Court order name change timelines
Post by: Devlyn on September 07, 2016, 09:58:25 AM
Post by: Devlyn on September 07, 2016, 09:58:25 AM
Quote from: Jessika on September 07, 2016, 07:26:51 AMQuote from: Devlyn Marie on September 06, 2016, 12:33:57 PMGrats Devlyn,
The court order arrived last Thursday, 9/1/16. :) Ninety nine days and $340 well spent!
Hugs, Devlyn
The Clerk told me it could take 60 days before I get an order. It's been 1 1/2 weeks. lol
Here in FL it was $401.
Now the waiting game begins.
Oh, How are you going to present in court?
I am going as myself, but my issue is hair. Should I dress to impress? Casual? I want to wear a Ballcap with a ponytail, not sure if I should.
If Hats are a no-no I will wear a wig most likely. I still have that Male bald pattern issue, but not as bad since the hair around it has been growing. My hair is down to my shoulders, but the location of the rest is questionable.
Thoughts?
Thanks!
I didn't have to appear in the courtroom, only the clerks office. I wore jeans and a nice top, nothing fancy. I would have worn a modest dress if I needed to appear before a judge.
Hugs, Devlyn
Title: Re: Court order name change timelines
Post by: Asche on September 07, 2016, 10:31:23 AM
Post by: Asche on September 07, 2016, 10:31:23 AM
Quote from: Jessika on August 23, 2016, 08:25:40 AMI know you say you managed to get a copy, but for general reference:
I was born abroad BUT..I am a US Citizen (US Passport, Naturalization Certificate) and even a Military ID and a DD-214 (Retired Military).
Assuming your parents were US citizens when you were born, they should have registered your birth with the U.S. Consulate, and you can request a "Consular Report of Birth Abroad" from the U.S. Dept. of State (passport office?)
It gets more complicated if you were not a U.S. citizen at birth. You might need a certified translation of whatever birth record the country of birth has.
Title: Re: Court order name change timelines
Post by: KarynMcD on September 07, 2016, 01:34:44 PM
Post by: KarynMcD on September 07, 2016, 01:34:44 PM
Quote from: Jessika on September 07, 2016, 07:22:56 AM
My mom had a copy and I used that. That problem was solved easily, thankfully.
Awesome.
Don't forget to update your Naturalization Certificate with your proper name.
Title: Re: Court order name change timelines
Post by: rtg on September 13, 2016, 11:39:59 AM
Post by: rtg on September 13, 2016, 11:39:59 AM
I think this really varies by state and how long you have lived there. I just filled out the forms, scheduled a court hearing for about 3 weeks later, and was done. I have a friend that hasn't lived in MN that long, and she had to go through a bunch of hoops for a background check before she could get a hearing. That would have taken a month or two to get back, but there was a fee that could be paid to expedite it and I think she got it back in a week or so.
Title: Re: Court order name change timelines
Post by: Jessika on September 15, 2016, 06:41:30 AM
Post by: Jessika on September 15, 2016, 06:41:30 AM
Well, tomorrow will be the 3 week mark since i filed and have not heard back from them yet. I will call them next week at the 1 month mark as I was told by the clerk.
I was told it could take up to 2 months to hear back but I will follow up.
At least for now, they haven't sent me a letter yet telling me something is missing. (Knock on wood) That's a good sign I suppose. :)
Patiently waiting.
I was told it could take up to 2 months to hear back but I will follow up.
At least for now, they haven't sent me a letter yet telling me something is missing. (Knock on wood) That's a good sign I suppose. :)
Patiently waiting.
Title: Re: Court order name change timelines
Post by: Jessika on September 28, 2016, 01:32:41 PM
Post by: Jessika on September 28, 2016, 01:32:41 PM
My Fingerprints got rejected by the FDLE. Really?
No idea what to do. I payed $ for the POLICE to do those prints.
Never had issues in the past. Suddenly a Transgender wants a name change and it's a "NO".
Wow
No idea what to do. I payed $ for the POLICE to do those prints.
Never had issues in the past. Suddenly a Transgender wants a name change and it's a "NO".
Wow
Title: Re: Court order name change timelines
Post by: Michelle_P on September 28, 2016, 01:49:39 PM
Post by: Michelle_P on September 28, 2016, 01:49:39 PM
Quote from: Jessika on September 28, 2016, 01:32:41 PM
My Fingerprints got rejected by the FDLE. Really?
No idea what to do. I payed $ for the POLICE to do those prints.
Never had issues in the past. Suddenly a Transgender wants a name change and it's a "NO".
Wow
It's really annoying. One of my kids had this problem. The prints may be too blurry (wet or moist fingers can do this) or broken (dry, dirty, or damaged skin can do this). The Police Department should have checked the prints better before sending them out. If the agency can't read enough data points off the prints for their records search they'll reject the prints.
You may have to go pay for another set, either from the PD, or from one of the private fingerprint services that may be available in your area.
I'm sorry this happened to you.