786.36 Changing names, court procedure.

1,254 words·~6 min read·/wi/chapter-786/786-36-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in sub.

(3)or s. 301.47 , any resident of this state, whether a minor or adult, upon petition to the circuit court of the county where he or she resides and upon filing a copy of the notice required under s. 786.37

(1), with proof of publication, may, if no sufficient cause is shown to the contrary, have his or her name changed or established by order of the court. Subject to sub.

(1m), if the person whose name is to be changed is a minor under the age of 14 years, the petition may be made by whichever of the following is applicable:

(a)Both parents, if they are living, or the survivor of them.

(b)The guardian or person having legal custody of the minor, if both parents are dead or if the parental rights of both parents have been terminated by judicial proceedings.

(c)The minor’s mother, if the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and if paternity of the minor has not been established.

1. Subject to subd. 2. , the name of a minor under 14 years of age who has 2 living parents may be changed on the petition of one parent if, in addition to filing a copy of the notice required under s. 786.37

(1), with proof of publication, the petitioning parent files proof of service as required under s. 786.37

(2)and the nonpetitioning parent does not appear at the hearing on the petition or otherwise answer the petition.

2. If the nonpetitioning parent cannot be found or provided with notice, the name of a minor under 14 years of age who has 2 living parents may be changed on the petition of one parent if, in addition to meeting the filing requirements under subd. 1. , the petitioning parent has made a reasonable attempt to find and provide notice to the nonpetitioning parent, but with reasonable diligence the nonpetitioning parent cannot be found or provided with notice, and the nonpetitioning parent does not appear at the hearing or otherwise answer the petition.

(b)If the nonpetitioning parent appears at the hearing on the petition or otherwise answers the petition and shows that he or she has not abandoned the minor, as described in s. 48.415

(a)3. ,

(b), and

(c), or failed to assume parental responsibility for the minor, as described in s. 48.415

(6), the court shall require the consent of the nonpetitioning parent before changing the name of the minor.

(c)Notwithstanding pars.

(a)and

(b), the name of a minor under 14 years of age who has 2 living parents may be changed on the petition of one parent without notice to the nonpetitioning parent and regardless of whether the nonpetitioning parent appears at the hearing on the petition if the nonpetitioning parent has been convicted of a violation of any of the following state laws or the law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

1. First-degree intentional homicide under s. 940.01 .

2. First-degree reckless homicide under s. 940.02 .

3. Felony murder under s. 940.03 .

4. Second-degree intentional homicide under s. 940.05 .

5. Second-degree reckless homicide under s. 940.06 .

6. Assisting suicide under s. 940.12 .

7. Sexual exploitation by a therapist under s. 940.22

(2).

8. Felony sexual assault under s. 940.225

(1),

(2), or

(3).

9. Trafficking under s. 940.302

(2)if s. 940.302

(a)1. b. applies.

10. Sexual assault of a child under s. 948.02

(1)or

(2).

11. Engaging in repeated acts of sexual assault of the same child under s. 948.025 .

12. Sexual exploitation of a child under s. 948.05 .

13. Trafficking of a child under s. 948.051 .

14. Causing a child to view or listen to sexual activity under s. 948.055 .

15. Incest with a child under s. 948.06 .

16. Child enticement under s. 948.07 .

16m. Grooming of a child for sexual activity under s. 948.072 .

17. Use of a computer to facilitate a child sex crime under s. 948.075 .

18. Soliciting a child for prostitution under s. 948.08 .

19. Patronizing a child under s. 948.081 .

20. Sexual assault of a child placed in substitute care under s. 948.085 .

21. Sexual assault of a child by a school staff person or a person who works or volunteers with children under s. 948.095 .

22. Felony exposing genitals, pubic area, or intimate parts under s. 948.10

(a).

23. Felony exposing a child to harmful material or harmful descriptions or narrations under s. 948.11

(a)or

(am).

24. Possession of child pornography under s. 948.12 or 948.125 .

25. Child sex offender working with children under s. 948.13

(2).

(2)Except as provided in sub.

(2m), the order shall be entered at length upon the records of the court and a certified copy of the record shall be recorded in the office of the register of deeds of the county, who shall make an entry in a book to be kept by the register. The fee for recording a certified copy is the fee specified under s. 59.43

(ag). If the person whose name is changed or established was born or married in this state, the clerk of the court shall send to the state registrar of vital records, on a form designed by the state registrar of vital records, an abstract of the record, duly certified, accompanied by the fee prescribed in s. 69.22 , which fee the clerk of court shall charge to and collect from the petitioner. The state registrar of vital records shall then correct the birth record, marriage record or both, and direct the register of deeds and local registrar to make similar corrections on their records.

(a)Except as provided in par.

(b), if the court determines that, pursuant to s. 786.37

(4), publication of the petition is not required, all records related to the petitioner’s name change shall be confidential and are exempt from disclosure under s. 19.35

(1). The court shall transmit to the register of deeds a form that states the petitioner’s former name and states that the new name is confidential and may not be disclosed except pursuant to par.

(b). The fee for recording a certified copy is the fee specified under s. 59.43

(ag). If the person whose name is changed or established was born in this state, the clerk of the court shall send to the state registrar of vital statistics, on a form designed by the state registrar of vital records, an abstract of the record, duly certified, accompanied by the fee prescribed in s. 69.22 , which fee the clerk of court shall charge to and collect from the petitioner. The state registrar of vital records shall then correct the birth record and, upon request by the petitioner and payment by the petitioner of the fees required under s. 69.22 , issue to the petitioner the number of certified copies of the corrected birth record requested by the petitioner.