Family Law: Changing your name in Idaho

Idaho district courts have been given jurisdiction to hear and determine an application for a name change. See Idaho Code § 7-801. Idaho provides its residents with a simple way to petition the court to change their name by the following:

• All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person, if the person is an adult or an emancipated minor; and if such person is under the age of eighteen (18) years and is not an emancipated minor, by one (1) of the parents or by a guardian. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and reason for such change of name.
• If the person whose name is proposed to be changed is under eighteen (18) years of age and is not an emancipated minor, the petition must also include the following:
• If the petition is signed by only one (1) parent, the petition must specify the name and the address, if known, of the other parent, if living.
• If the petition is signed by a guardian of the person, the petition must specify:
• The name and address, if known, of the parent or parents of the person, if living; or
• If both parents are deceased or their addresses are unknown, the names and addresses of the grandparents of the person, if living.
• 7-802, Idaho Code.

A notice of hearing on the petition for name change will be issued by the court following the filing of the petition and proper filing fee for name change. However, before the court can enter judgment for name change, the petition must be published with the appropriate newspaper to give notice of the proposed change:

• A notice of hearing of such petition signed by the clerk and issued under the seal of the court, must be published for four (4) successive weeks in a newspaper designated by the court as most likely to give notice in the county where the person whose name is proposed to be changed resides, and proofs must be made of such publication of posting before the petition can be considered.
• If the petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting to the name change, the petitioner must cause notice of the time and place of the hearing to be served on the other parent not less than thirty (30) days before the hearing.
• If the petition has been filed for a minor by a guardian, the person filing the petition must cause notice of the time and place of the hearing to be served on the persons whose names and addresses were specified in the petition pursuant to section 7-802(2)(b), Idaho Code, not less than thirty (30) days before the hearing.
• 7-803, Idaho Code.

Keep in mind, the Judgment for Name Change is not automatic. The court will allow objection for a good showing against the change of name. In addition, other restrictions may apply that could prevent a name change. The court will order as may seem right and proper. See § 7-804, Idaho Code.

Contact a family law attorney from Brian Webb Legal at (208) 331-9393 to discuss your family law matters.