I just wrote an email to the local ACLU offices asking for help to overcome NC's name change laws.  I am still stuck with the old male name due to the fact that this state refuses to come out of the 18th century and into the modern age.

When I first started calling lawyers, it took 12 before I found someone who would help me and she knew nothing of transgender issues at all.  She quickly got an education though.

However, she is swamped now and I have not heard back from her.  If the ACLU is not keen on offering help then I will be forced to seek residency elsewhere.  I am currently looking at Washington State to do this and for a vacation.  Hell if I could sell the house I might actually move out there just to get away from the south.

My question is where is the best place to go in Washington state to do the tourist thing and to set up a private mailbox (preferably something with a real address rather than a P.O. Box)?

Thanks in advance.

As I'm sure you're already aware, there's some great information here: http://www.tsroadmap.com/reality/name/washington.html.

However, I wrote an email to the Department of Licensing asking what they specifically needed.  Here's what they replied in the email:

Quote from: EmailWe will need a letter of intent from you, a letter confirming that you have received treatment for a year and a copy of your Washington drivers license or Washington identification card.  Mail these to: Dept of Licensing

      Assistant Director's Office
      Driver Services
      P O Box 9030
      Olympia WA 98504

Hope that helps.

Melissa

Not sure about the email but their website claims no such requirement of being under treatment and proving it.  It just asks that you can produce documents supporting the name change.  A court order and social security card would do it.

http://www.dol.wa.gov/ds/guide/guide1.htm

Change of Address or Name

You must notify the Department of Licensing within 10 days of an address or legal name change. A name change may only be done in-person and requires documentation establishing identity in your new name. Address changes may be done at no cost by mail by providing full name, date of birth and driver license number, along with the new residence address. You must come to a driver licensing office and pay $10 to have a document issued with your new address or name.

A permanent mailing address can be added to your record along with the residence address. Your driver license, identification card, or instruction permit will be sent to your mailing address if one is provided.

Thanks for the info though, I shall see about gathering items that may be needed.  Truthfully though, once I have the court order I can have the change done here.  The DMV requires a document with a court seal, does not have to be from NC. 

I'm sorry.  That was info for a gender marker change.

Melissa

North Carolina Name Change Law

North Carolina General Statutes 101-1. Legislature may regulate change by general but not private law. The General Assembly shall not have power to pass any private law to alter the name of any person, but shall have power to pass general laws regulating the same. (Const., Art. II, s. 11; Rev., s. 2146; C.S., s. 2970.)

North Carolina General Statutes 101-2. Procedure for changing name; petition; notice. A person who wishes, for good cause shown, to change his name must file his application before the clerk of the superior court of the county in which he lives, having first given 10 days' notice of the application by publication at the courthouse door. Applications to change the name of minor children may be filed by their parent or parents or guardian or next friend of such minor children, and such applications may be joined in the application for a change of name filed by their parent or parents: Provided nothing herein shall be construed to permit one parent to make such application on behalf of a minor child without the consent of the other parent of such minor child if both parents be living, except that a minor who has reached the age of 16 years, upon proper application to the clerk may change his or her name, with the consent of the a parent who has custody of the minor and has supported the minor, without the necessity of obtaining the consent of the other parent, when the clerk of court is satisfied that the other parent has abandoned the minor. Provided, further, that a change of parentage or the addition of information relating to parentage on the birth certificate of any person shall be made pursuant to G.S.130A-118. Notwithstanding any other provisions of this section, the consent of a parent who has abandoned a minor child shall not be required if there is filed with the clerk a copy of an order of a court of competent jurisdiction adjudicating that such parent has abandoned such minor child. In the event that a court of competent jurisdiction has not therefore declared the minor child to be an abandoned child then on written notice of not less than 10 days to the parent allege to have abandoned the child, by registered or certified mail directed to such parent's last known address, the clerk of superior court is hereby authorized to determine whether an abandonment has taken place. If said parent denies that an abandonment has taken place, this issue of fact shall be determined as provided in G.S. 1-273, and if abandonment is determined, then the consent of said parent shall not be required. Upon final determination of this issue of fact the proceeding shall be transferred back to the special proceedings docket for further action by the clerk.(1891, c. 145; Rev., s. 2147; C.S., s. 2971; 1947, c. 115; 1953, c. 678; 1955, c. 951, s. 3; 1957, c. 1442; 1959, c. 1161, s. 7;1971, c. 444, s. 1; 1995, c. 509, s. 135.2 (f).)

North Carolina General Statutes 101-3. Contents of petition. The applicant shall state in the application his true name, county of birth, date of birth, the full name of parents as shown on birth certificate, the name he desires to adopt, his reasons for desiring such change, and whether his name has ever before been changed by law, and, if so, the facts with respect thereto.(1891, c. 145; Rev., s. 2147; C.S., s. 2972; 1945, c. 37, s. 1;1957, c. 1233, s. 1.)

North Carolina General Statutes 101-4. Proof of good character to accompany petition. The applicant shall also file with said petition proof of his good character, which proof must be made by at least two citizens of the county who know his standing: Provided, however, proof of good character shall not be required when the application is for the change of name of a child under 16 years of age.(1891, c. 145; Rev., s. 2148; C.S., s. 2973; 1963, c. 206.)

North Carolina General Statutes 101-5. Clerk to order change; certificate and record. If the clerk thinks that good and sufficient reason exists for the change of name, it shall be his duty to issue an order changing the name of the applicant from his true name to the name sought to be adopted. Such order shall contain the true name, the county of birth, the date of birth, the full name of parents as shown on birth certificate, and the name sought to be adopted. He shall issue to the applicant a certificate under his hand and seal of office, stating the change made in the applicant's name, and shall also record said application and order on the docket of special proceedings in his court. He shall forward the order to the State Registrar of Vital Statistics on a form provided by him. If the applicant was born in North Carolina, the State Registrar shall note the change of name of the individual or individuals specified in the order on the birth certificate of that individual or those individuals and shall notify the register of deeds in the county of birth. If the applicant was born in another state of the United States, the State Registrar shall forward the notice of change of name to the registration office of the state of birth.(1891, c. 145; Rev., ss. 2149, 2150; C.S., s. 2974; 1955, c. 951,s. 4; 1957, c. 1233, s. 2; 1971, c. 444, s. 2.)

North Carolina General Statutes 101-6. Effect of change; only one change, except as provided. (a) When the order is made and the applicant's name changed, he is entitled to all the privileges and protection under his new name as he would have been under the old name. No person shall be allowed to change his name under this Chapter but once, except that he shall be permitted to resume his former name upon compliance with the requirements and procedure set forth in this Chapter for change of name, and except as provided in subsection (b) of this section. (b) For good cause shown, and upon compliance with the requirements and procedure set forth in this Chapter for change of name the name of a minor child may be changed not more than two times under this Chapter.(1891, c. 145; Rev., ss. 2147, 2149; C.S., s. 2975; 1945, c. 37,s. 2; 1991, c. 333, s. 1.)

North Carolina General Statutes 101-7. Recording name change. When the name of any individual, corporation, partnership, or association has been changed in a manner provided by law, any attorney licensed to practice law in this State may file an affidavit with the clerk of superior court stating facts concerning the change of name. The clerk shall cause the affidavit to be filed and indexed among the records of his office, pursuant to G.S. 7A-180 (3) and G.S.7A-343 (3). The clerk shall also forward a copy of the affidavit under the seal of his office to the clerk of superior court of any other county named in the affidavit where it shall also be filed and indexed in accordance with this section. Affidavits filed and indexed under this section are for informational purposes only and neither the affidavit nor the manner of its filing and indexing shall in any manner affect the rights or liabilities of any person.(1971, c. 592, s. 1.)

I am aware of NC, my problem is that I cannot have one issued here as per 101-6, but thanks. 

Quote from: LostInTime on June 08, 2006, 09:18:02 PM
I am aware of NC, my problem is that I cannot have one issued here as per 101-6, but thanks. 

OMG I just read 101-6 (I think) I have to lay down now as I think I burnt out some brain cells (I don't have many left) trying to decipher the code.  If any one asks me how easy it is to change your name in Ontario, I'll tell them it's the easiest thing in the world compared to NC.

Steph

NC has refused to join the 21st Century and I am surprised that public transportation is not centered around the horse and buggy.  It comes down to once upon a time, before there were computers, one could escape various obligations by going to another state and changing one's name.  However, in the last decade and some computers have had info stored in them and the databases shared among the states making it very difficult to avoid obligations in this manner.  Hell one of the people finder businesses can trace back and show the name change.

Note that the statute says nothing about marriage and divorce.  My lawyer tried that tactic but they refused to budge.  Not to mention the fact that I am resuming my former femme name and not adopting something out of the blue AND that I have maintained that identity in some aspect (credit card) for almost ten years now.  In a few years I hope to be able to sell my house at a break even point or even at a small profit and get the heck out of here.

It says you can only change your name once?  That seems so arbitrary!  If I read it correctly you may go back to your old name but never to a new name.

Wow!  Talk about your one shot opportunity!

It seems to me that someone would (should?) be fighting this limitation.  I can see it's validity in the days before computers but nowadays I can't see why they would keep that.  Sheesh!  Having to move out of state just to change your name sounds like a really big pain in the yoonohwhut. 

helen

It appears to me, and i am no lawyer, that 101-6 says without good cause does it not? There is exception (b) and that is what it pertains to. I do  believe that "Good Cause" would fit here. However if you are not wanting to give transitioning as the reason then that could be a different issue. If you are stating Transition as the  cause you should have no trouble I would not think. But again I am no attorney.

Peace,
Taylor

I would love to fight it and have it thrown out since my lawyer feels it is unconstitutional.  However, I would need donations to the tune of $2K, if not more to have that done.  I have had a donation button on my site for sometime but of course I have not generated anything from it.  However, it never hurts to try.  I did contact a bunch of different groups for help a couple of years back but not a one got back to me.

Taylor, for good cause is applicable to minors and even then you can only change it twice.

Well I know people that changed their names a LOT of times, it was called multiple marriages!!! ... seems to me that is grounds for discrimination alone. No doubt this state is scary! I am really sorry to hear you going through this.

Peace,
Taylor

Well hopefully it will be a lesson to others in NC.  Move the hell out of the state or, for those not here, stay away from this state.  I kind of wish I would have moved back in with the parental units after the first time flopped and then tried elsewhere on my own.

That or pick a gender neutral name and that way if you do have to take a step back, no need to change your name again. 

Of course there are signs that this area is trying to get at least up to the 20th century.  For instance next year NC will have a pro soccer team.

Heard back from my lawyer.  She is filing to have my last name petition nullified.  If it goes through then my name would have been Summer from the beginning of 98 to present day.    If it goes extremely well I will not have to appear nor would my attorney.  that would save some grief and money.  Medium result, we have to appear and it still goes through (would need to raise a bit more cash for that).  Worst result, have to appear and it is rejected.

Lost,
   I just read this thread for the first time and I know the trouble you are going through because they tried to get me.  I was born in N.C. and to change my birth certificate they tried to pull N.C. laws on me and I had to put the brakes on them and say.....whoah.... I am a Va. resident and did all this via Va. Laws.  Once I did that, it was all taken care of.  All I did was send them a copy of my name change papers from the courthouse and then they issued a new birth certificate.   From there I could basically start over with the name change process with anything involving a birth certificate.

How far are you from Virginia?  If you can't get it taken care of down there, maybe you can work with Va.?  I have not sat in the law library in a bit (which I should do as a pre-law student) but I don't believe the laws have changed as far as procedure up here.  My friend just did a name change a few years ago and it seemed much easier as far as paperwork and the payment was more then the $26.00 I paid.  I think he said it cost him 50.00.  Either way, you can do it without a lawyer if you know where to look...and I can easily tell you where to look.

If you need any help from me, just let me know.   I will see what I can do with this state to help you out.  I know it saved me living up here for name change reasons.

Gee, I'm glad I live in Oregon. I went down and filled out paper work in ( I don't remember how many pages), but all I had to do is pay the fee then wait 30 days. Oh, and I had to post my name change on a bullitin board for the amount of time. After 30 days I had an appointment with the Judge and he asked me a few questions, like what is your name. He stamped it and then I had to post another change decree for 15 days, but my name was legally changed right there. I was done. I got everything that was essential done that day, including my gender status on my DL.
Sheila

I did not realise how friendly VA was to the process.  I do only live a couple of hours from the border and travel up 95 quite often.  However, PO Box addresses are not acceptable and I would need to find a friendly notary public who would notarise the forms without me having a DL.  I would rather have it changed prior to hitting the VA DMV so I could do as much at once as possible.

Thank you Dev.    Now all I would need is a residence up there as the mailboxes are not allowed.  I would also be tempted to ask for a judge and attempt to have the order sealed but I am not sure I can prove the danger that possibly exists.

When I visit my therepist this week I will see if she knows a way to workit out up here without too much trouble.  The only part of it that could be a pain, is whatever  city/county you have your address in is where you have to file courthouse wise.

If you had an address and access to a law library up here where you wanted to do the name change you could just take a day to do it.  The easiest way, is see if the courthouse has a law library in it. Most up here do luckly if the city is of decent size.  Ask the librarian if they can point you to name change procedures becasue you have never been to the law library and not sure how to use it. Most are very friendly and will find the book and chapther for you.   All you have to do then is retype the papers there (which is the longest part time wise).  Change any info that is personal to you and I think make 2 copies.  Make sure you have the self addressed envelope (to the Va. address) and take it all to the clerk of court cashier (this part may vary in other cities as to who recieves it).  Pay the fee and just wait for it to arrive in the mail.  Takes about 3 weeks total, but you never have to go to the courthouse again or talk to anybody.

The court papers come to you and you can use them for whatever purpose you need.  If you needed more copies, the courthouse will give you more for a small fee.  Thats all it takes.

If I can help you any further, let me know and I will see what I can do.  Unfortunatly I don't live near 95 

Thanks Dev.

Hmmm, now to find someone near 95 or 85 who would let me use their addy for this.  What is nice is that it will pretty much end up being a nice little day trip.  heck I can reach Potomic Mills Mall within 3.5 hours.

Thanks again for the info.