Name Change Procedure for Ward or Child

Users of these forms are instructed to consult personally Virginia Code Section 8.01-217 and any other applicable Code Sections. These forms are not provided as or intended to replace legal assistance.

No guarantee of any kind is given regarding their application to any particular case. No warranties are given, and the user waives all warranties, including but not limited to the implied warranty of merchantability.

You are advised to consult an attorney in the matter. To locate an attorney available to assist you, please call Virginia Lawyer's Referral Service (10800-552-7977) or the Norfolk and Portsmouth Bar Association Lawyers Referral Service 757-623-0132. If you decide to proceed on your own, you will be expected to follow the same procedures as an attorney. Please DO NOT ask Court Personnel for legal advice, Court Personnel are prohibited by state law to give you legal advice or assistance.

STEP ONE:

1. A name change may not be sought for any fraudulent purpose or if it will infringe upon the rights of another.

2. You must submit the Name Change to the Circuit Court of the City/County in which you live.

3. Read the description page and choose the section of sample forms which applies to your situation. If none of the descriptions apply to you, then you should not use these forms.

STEP TWO: CHECK LIST

1. __ Complete Petition and Order in your package.

2. __ Petition must be signed by both parents and notarized and provide (2) copies.

3. __ If one of the parents does not consent by joining in the Petition. The petitioner must serve the non-joining parent in accordance with Virginia Code Section 8.01.296. The non-joining parent must be served with a copy of the Petition and Notice to appear for a hearing on this matter.

4. __ If the location of one of the parents is unknown, then an Affidavit or Order of Publication must be submitted. Petitioner will be billed by the Newspaper.

5. __ When Petition receives the clipping from the newspaper, it is brought to the Court to complete the procedure.

6. __ Must also include a photocopy of Birth Certificate and Marriage License (if applicable)

7. __ The filing fee is $39.00 made payable to Chesapeake Circuit Court.

8. __ If mailing application send to: CHESAPEAKE CIRCUIT COURT, CIVIL DIVISION, 307 ALBEMARLE DRIVE, SUITE 300A, CHESAPEAKE, VA. 23320.

9. __Enclose a self-addressed envelope with your petition for the return of a certified copy of your order.

The process can take from 2-3 weeks to complete, once you have received a certified copy of the Order, that can be used to make any necessary changes. (EX: SCHOOL RECORDS, ETC.)