19-12-1
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19-12-1.
(a)
Any person desirous of changing his name or the name or names of his minor child
or children may present a petition to the superior court of the county of his
residence, setting forth fully and particularly the reasons why the change is
asked, which petition shall be verified by the petitioner.
(b)
Within seven days of the filing of the petition, the petitioner shall cause a
notice of the filing, signed by him, to be published in the official legal organ
of the county once a week for four weeks. The notice shall contain therein the
name of the petitioner, the name of the person whose name is to be changed if
different from that of the petitioner, the new name desired, the court in which
the petition is pending, the date on which the petition was filed, and the right
of any interested or affected party to appear and file objections.
(c)
If the petition seeks to change the name of a minor child, the written consent
of his parent or parents if they are living and have not abandoned the child, or
the written consent of the child´s guardian if both parents are dead or
have abandoned the child, shall be filed with the petition, except that the
written consent of a parent shall not be required if the parent has not
contributed to the support of the child for a continuous period of five years or
more immediately preceding the filing of the petition.
(d)
In all cases, before a minor child´s name may be changed, the parent or
parents of the child shall be served with a copy of the petition. If the parent
or parents reside within this state, service of the petition shall be made in
person, except that if the location or address of the parent is unknown, service
of the petition on the parent shall be made by publication as provided in this
Code section. If the parent or parents reside outside this state, service of the
petition on the parent or parents residing outside this state shall be made by
certified mail or statutory overnight delivery if the address is known or by
publication as provided in this Code section if the address is not known.
(e)
Where a child resides with persons other than his parent or parents, a copy of
the petition shall be served upon the person acting as guardian of the child in
the same manner as service would be made on a parent.
(f)
Upon the expiration of:
(1)
Thirty days from the filing of the petition if the person whose name to be
changed is an adult;
(2)
Thirty days from the date of service upon the parent, parents, or guardian of a
minor whose name is to be changed if the parent, parents, or guardian reside
within this state; or
(3)
Sixty days from the date of service upon the parent, parents, or guardian of a
minor whose name is to be changed if either the parent, parents, or guardian
reside outside the state and the petition is served by mail,
and
after proof to the court of publication of the notice as required in this Code
section is made, if no objection is filed, the court shall proceed at chambers
at such date as the court shall fix to hear and determine all matters raised by
the petition and to render final judgment or decree thereon. For such service,
the clerk shall receive the fees prescribed in Code Section 15-6-77, relating to
fees of clerks of the superior courts for civil cases.