Susan's Place Transgender Resources

Okay. Maybe I'm naive. In 1984, I had my name legally changed. I'm FTM. I went to a lawyer, went to court, and as far as I knew the name change was approved. My lawyer came out handed me the documentation and I proceeded to have my driver's liscense, school records, social security card and college records and other related things changed. I paid taxes under that name. This was done with that documentation. I did not have my name changed on my birth certificate, because this was way pre- 911 and at the time I was in no hurry for that part. I lost the documentation in a move. Now I can't find the lawyer who did the name change and the court house tells me that the name change was struck and not valid on November 4, 1984. No one notified me. No one told me anything. So I've gone 25 years thinking that Philip was my legal name only to find out that it wasn't. To do the whole thing over again is, around here, exhorbatant. Not that that's a deterant for me. I would just have to save the money. In hunting around for resources, I find that the judges here are discrimanatory and it is difficult for a trans person to get a name change.  I thought that over the years, the discrimination would have got better, but like I said, obviously I'm just naive. I can't seem to find a support group in this town. There is one, but I can't seem to get access to it. I think I'm just frustrated at the moment. This is not meant to be a rant, I just needed someplace to talk about it. My middle name is a male name ( family name )which I was using before I thought I had a legal male first name.
This is just weird.

WOW major bummer dude (Phillip)

Wow, Phillip, that's a strange story.

When you say "as far as I knew the name change was approved", didn't you leave the courtroom with a fistful of certified copies?
What the heck does "struck" mean? Did they invalidate it for a reason? Is there any documentation of this?
They can't just decide something in a courtroom and then change their minds later.

Most of us don't go back to the courthouse every year and ask "Did you invalidate my name change?"

I dont know if this is any help but i will toss it up any way.

http://www.tsroadmap.com/reality/name/georgia.html (http://www.tsroadmap.com/reality/name/georgia.html)

Ah! I think I can see how this is possible.

(No, I'm not a lawyer.)

Susan's Wiki refers in Name change, Georgia (https://www.susans.org/wiki/Name_change#Georgia) to a "Decree nisi". This refers to a temporary decree which will have to be finalized at some point under possibly some condition.

Did you actually get a decree nisi and not a final decree?
Did you screw up?
Did your lawyer screw up?
Does Georgia still do things this way? (It doesn't appear so from the web stuff.)

I'd call the courthouse back up and check on whether it was a decree nisi and what action was missing on your side.

Actually, the name change was done in South Carolina. I found the brother of the lawyer who did it for me and talked with his secretary. I went to court, my lawyer explained the situation to the judge who then asked me some questions, then he said he saw no reason for the name change to not go through, banged his gavel and said so granted. My lawyer then gave me the paperwork and I went and changed all of my ID. Except my birth certificate, which actually doesn't really matter, because you still have to have the name change documentation. Anyway, the secretary told me that under no circumstances would I have been able to change my name on all my ID like that if the name change had not been approved. and if it had not been approved, I would have heard from authorities and would have been spit out of the system had I used it. Plus in order to revoke the name change, I would have been called back into court and gone through more litigation on it. She didn't know what struck meant either. I'm in the south, who knows. It could be a term for striking of the gavel. Anyway, they have to have a copy of the order, so Friday I will find out one way or another. I am terrible at dealing with buracracy and government people, so I may be freaking out over nothing. I forget that no one in dealing with government employees really ever gets anything quickly or easily. My sister-in-law went through the same hassle over her driver's liscense when moving from one state to another because she wanted to drop her first name, which she hates, and just use her middle, maiden and married name. They told her she had to use her whole name. 911 has changed red tape. Anyway thanks for all your support and advice. I did find it helpful and reassuring.

Blessings,

Philip :)

Well, I am a lawyer, but I am also confused.  Please keep us posted.

Posted on: November 04, 2008, 09:29:24 pm

---

My curiosity got the better of me.  I have about 500 lawyer colleagues on mass email so I asked them what is the deal with a name change order being struck as invalid.  I am summarizing some responses below.

Orders don't have a shelf life, but they can be undone.  You will need to do a little detective work.  The best place to start is to examine the docket sheet.  Some jurisdictions have a "court docket" kept by the clerk and a separate "judge's docket" [sometimes called the "husk"] that consists of the judge's handwritten notes.

It may be that one of your creditors asked to strike the name change.  Also, a judge can "take back" an order if it turns out it was an improper ex parte order.  The order would be a nullity if the court lacked jurisdiction.  If it was a clerical error on the order (wrong cause number, misspelled name, etc.) then it would be simple to get a corrected order signed and entered. 

I always thought you had to get a name change in the state where you were born.  But, if you are living in Georgia and your birth certificate was issued in South Carolina, one lawyer said you should be able to get a GA name change order and file it with the birth certificate department in SC.  I don't know if that is also true in the case of changing the gender marker, as I did not ask about that.

Neither I nor any of my colleagues is your lawyer.  None of this commentary is legal advice.

Posted on: November 05, 2008, 03:57:18 pm

---

Here is a comprehensive, state-by-state list of instructions for changing both name and sex on birth certificates.

http://www.drbecky.com/birthcert.html (http://www.drbecky.com/birthcert.html)

Posted on: November 05, 2008, 04:01:23 pm

---

Did anything happen?  Update please?

we haved IM'd in a while so I am glad to hear that you have found out something.  Hopefully you can get it squared away soon.