Susan's Place Transgender Resources

Community Conversation => Transitioning => Legal Matters => Topic started by: Claire25 on December 20, 2012, 09:43:21 AM

Title: Possibility of name change being denied.
Post by: Claire25 on December 20, 2012, 09:43:21 AM
This morning I had to go to court to testify why I wanted my name changed. The judge asked me why I felt I wanted it and asked if I had the surgery yet. He asked if I get my meds legally or from out of country and if my work is aware of "being male" and what bathroom I use. I answered all the answers honestly and explained things that he did not know. He clearly said that he has never dealt with a person "like me". He said at the end that he is going to think about it and research it some but he doesn't know if he wants to give me the change due to me having the ability to stop transitioning due to having my genitals. Is there anything that I can do if he denies this?

Should have added somewhere in there that I am fulltime and when he even asked for me and I stood up he looked surprised it was me, seeing as I was not presenting male at all.

Any help would be greatly appreciated!!
Title: Re: Possibility of name change being denied.
Post by: suzifrommd on December 20, 2012, 11:50:03 AM
Quote from: Claire25 on December 20, 2012, 09:43:21 AM
This morning I had to go to court to testify why I wanted my name changed. The judge asked me why I felt I wanted it and asked if I had the surgery yet. He asked if I get my meds legally or from out of country and if my work is aware of "being male" and what bathroom I use. I answered all the answers honestly and explained things that he did not know. He clearly said that he has never dealt with a person "like me". He said at the end that he is going to think about it and research it some but he doesn't know if he wants to give me the change due to me having the ability to stop transitioning due to having my genitals. Is there anything that I can do if he denies this?

Should have added somewhere in there that I am fulltime and when he even asked for me and I stood up he looked surprised it was me, seeing as I was not presenting male at all.

Any help would be greatly appreciated!!

Don't know where you live - the laws in different places vary. Is there an LGBT support organization near you?
Title: Re: Possibility of name change being denied.
Post by: Emily Aster on December 20, 2012, 12:01:50 PM
If Prince was able to change his name to a symbol, I seriously don't see how changing your name should have anything to do with your genitals. I do feel like you should wait it out though. You may end up getting all worked up over it only to find out that it was granted.
Title: Re: Possibility of name change being denied.
Post by: tekla on December 20, 2012, 12:05:31 PM
Prince also had lawyers.  Lots of them.  Highly paid.  Of course he got what he wanted in court.

This is at the discretion of the judge, but judges can, and have been, overruled too.
Title: Re: Possibility of name change being denied.
Post by: Claire25 on December 20, 2012, 07:13:54 PM
I live in the U.S in the state of Virginia. I know that that it is only a chance. I just like to know what I am doing in the case that it happens.
Title: Re: Possibility of name change being denied.
Post by: Ms. OBrien CVT on December 20, 2012, 07:44:01 PM
It would also depend on where or not the judge is transphobic.  There was one judge how said "no" and then later was overruled.
Title: Re: Possibility of name change being denied.
Post by: DriftingCrow on December 24, 2012, 11:22:26 AM
I would look to see where you would appeal to if you get denied. Also, look to see if there's an LGBT group nearby that might be able to direct you go LGBT friendly attorneys that would do work for you pro bono or at a reduced price if you can't afford the attorney.
Title: Re: Possibility of name change being denied.
Post by: Arch on December 24, 2012, 01:36:30 PM
It's funny. When I was changing the gender marker on my SS card and my DL, I was nervous as all get-out. My therapist kept assuring me that it would be all right. Then the passport--I was super nervous because I also had to change my name on it, and the process takes weeks while the applicant waits and waits.

As it happens, everything went smoothly on all of the documents. But that didn't prevent me from stressing out about every application. So much was wrapped up in getting my documents right. I imagined the worst. I was a wreck.

So, Claire, prepare for the worst but hope for the best. Line up your ducks. But don't let anyone tell you that you shouldn't worry. Sometimes idiots have power over important aspects of our lives, and we're not overreacting if we worry about that possibility. Just don't go overboard like I did!
Title: Re: Possibility of name change being denied.
Post by: JessicaH on December 24, 2012, 01:53:48 PM
There is a reasonable chance that the judge meant what he said and needed to research the law. Do you have a followup hearing or are you supposed to get back with his office? It seems a name change would be a pretty simple if you aren't changing your legal gender yet.  You can also just get an orchie and that is generally considered a "unreversable surgical procedure" toward transition.

Also , Check out http://www.fairfaxcounty.gov/courts/circuit/ccr-a-160.htm (http://www.fairfaxcounty.gov/courts/circuit/ccr-a-160.htm)
Title: Re: Possibility of name change being denied.
Post by: Stephe on December 24, 2012, 04:16:15 PM
Quote from: Claire25 on December 20, 2012, 09:43:21 AM
This morning I had to go to court to testify why I wanted my name changed. The judge asked me why I felt I wanted it and asked if I had the surgery yet. He asked if I get my meds legally or from out of country and if my work is aware of "being male" and what bathroom I use. I answered all the answers honestly and explained things that he did not know. He clearly said that he has never dealt with a person "like me". He said at the end that he is going to think about it and research it some but he doesn't know if he wants to give me the change due to me having the ability to stop transitioning due to having my genitals. Is there anything that I can do if he denies this?

Should have added somewhere in there that I am fulltime and when he even asked for me and I stood up he looked surprised it was me, seeing as I was not presenting male at all.

Any help would be greatly appreciated!!

It seems odd the judge -could- even ask your genital status for a name change. Or what bathroom you use. Does he ask everyone who comes in for a name change "Do you you have a penis or a vagina"?  And so what if you do decide to not transition or if you want to be a guy named Nancy? BS like this is just that, BS.

I would be talking to a lawyer to bring back with you. I bet there is a GLBT friendly law firm who would LOVE to confront this Judge.
Title: Re: Possibility of name change being denied.
Post by: Claire25 on December 25, 2012, 06:00:02 AM
He said that he would send me his decision in the mail soon. I have already changed the gender maker on my DL(which I told him) and was just waiting for this to finish up so I could have a new licence. The gender marker got changed about 3 weeks ago and I requested for the name change about the same time. I have started looking into lawyers just in-case I need to appeal. Thanks for the info everyone <3
Title: Re: Possibility of name change being denied.
Post by: Stephe on December 25, 2012, 08:43:34 AM
So he knows the state already approved your gender marker being changed yet he still questions a simple name change?
Title: Re: Possibility of name change being denied.
Post by: Emily Aster on December 25, 2012, 09:00:54 AM
Quote from: Stephe on December 24, 2012, 04:16:15 PM
It seems odd the judge -could- even ask your genital status for a name change. Or what bathroom you use. Does he ask everyone who comes in for a name change "Do you you have a penis or a vagina"?  And so what if you do decide to not transition or if you want to be a guy named Nancy? BS like this is just that, BS.

I would be talking to a lawyer to bring back with you. I bet there is a GLBT friendly law firm who would LOVE to confront this Judge.

That's what I was trying to say with my post. I had a male teacher whose name was Kelly. What's it to the judge whether you have name generally used as a male or female name based on your current sex?
Title: Re: Possibility of name change being denied.
Post by: Claire25 on December 25, 2012, 02:27:23 PM
He was saying that he was worried because I was going from a VERY male male to a very obvious female name.