786.36 Changing names, court procedure.

276 words·~1 min read·/wi/chapter-786/786-36-3

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.