How to Change My Name in South Carolina
There are a number of reasons why people may want their name changed. Whether you wish to return to your maiden name after a divorce or want to change your first name to something that better reflects who you are, an experienced Rock Hill family law attorney from Barboza Law can help you navigate the process.
What is Required to Change Your Name in Lancaster, SC?
Changing your name will affect financial accounts, school histories, and government records. The process involves several requirements under South Carolina law.
- Name change petition: The petition will include your desired new legal name, reason for the change, age, place of residence, and place of birth.
- Background check: You must submit to a background check using your fingerprints. The State Law Enforcement Division (SLED) will take your fingerprints and conduct the check.
- DSS screening: The Department of Social Services (DSS) will need to check your name against the Central Registry of Child Abuse and Neglect.
- SLED screening: SLED will check your name against the sex offender registry.
- Child support and alimony affidavit: You must disclose whether or not you pay court-ordered child support or alimony and sign an affidavit.
- Court hearing: A family court judge will review the above screenings and documents and either grant or reject your petition.
A judge may reject a petition for a name change if they suspect fraud or if it may go against public protection interests. If there are things in your past that may turn up on a background check or other screenings, this will not necessarily block a name change. However, it is best to speak to an attorney to understand the unique challenges of your case.
What to Do After You Legally Change Your Name in South Carolina
Changing your legal name affects a wide range of matters. Several entities must be notified of the change, and your official documents must be updated. If your petition is successful,
- Update your driver’s license or state ID cards
- Notify the Social Security Administration to ensure the IRS is aware of the change and your tax returns are up to date
- Update your passport
- Notify your medical providers
- Contact the Post Office, banks, and other financial institutions
- Your school or university
- If you have children, notify their school of the change
- Notify your employer
Some government entities have a time limit after a name change. The SCDMV gives you 10 days to update your information. Let a family law attorney in South Carolina help you address everything you need to change your name to ensure you meet any deadlines.
Schedule a Consultation with an Experienced Family Law Attorney in Lancaster
If you are considering changing your name or the names of your children, contact Barboza Law today. Our office can help gather critical documents, guide you through the screening process, and help prepare your petition for the judge.
Our experienced family law attorney will be by your side in court and fight for your best interests. Schedule a consultation today by calling (803) 973-6003.
South Carolina Name Change FAQs
You can change your name the same way you would change your last name. In South Carolina, the process is the same whether you want to change your first, middle, or surname.
While it is legal to change your child’s name, it can be a very complex process. If both parents are not in agreement, or if one is absent, it can cause further challenges.
When legal issues arise with children, the court seeks to do what is in the child’s best interests. A judge may consider the following factors:
- The reason for the name change
- The effect the name change may have on the child and their relationship with both parents
- If there are any potential negative consequences of the name change
- What the child wants, if they are old and mature enough to meaningfully express their preference
- The wishes of both parents and motives for or against the change
If you have questions for a child custody attorney in Rock Hill or simply have questions regarding child name changes, contact Barboza Law to discuss the unique details of your situation.
If you are a minor, you will need the consent of your parents or legal guardian to legally change your name. If you are emancipated, you may be able to change your name without their consent. However, it is best to seek the advice of an experienced family law attorney to determine what legal issues you may face under your special circumstances.
It can take a few weeks to several months to change your name, depending on the situation. If there is a slight error on the paperwork or supporting documentation, your request may be denied, and you will have to start again. In addition, if the particulars of your circumstances or reason for the name change are complicated, the process can take much longer.
For example, suppose you are remarrying and seek to change your and your children’s surnames. If the children’s other parent is absent or disagrees with the change, you may have to go fight in court. A family law attorney can help determine the potential challenges of the name change, guide you through the process, and handle the extensive paperwork.
