Minor Child 13 & Under - Parent With Criminal Conviction
The information contained on this web page is provided as a courtesy to members of the public and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service 800-362-9082 for additional assistance.
Who may petition?
The petition for name change for a minor child 13 years or younger - parent with criminal conviction can be made by one of the parents of the minor child who has two living parents and paternity has been established; and the non-petitioning parent has been convicted of a violation of any of the state laws listed under §786.36(1m)(c), Wis. Stats.:
- First-degree intentional homicide under s. 940.01.
- First-degree reckless homicide under s. 940.02.
- Felony murder under s. 940.03.
- Second-degree intentional homicide under s. 940.05.
- Second-degree reckless homicide under s. 940.06.
- Assisting suicide under s. 940.12.
- Sexual exploitation by a therapist under s. 940.22 (2).
- Felony sexual assault under s. 940.225 (1), (2), or (3).
- Trafficking under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
- Sexual assault of a child under s. 948.02 (1) or (2).
- Engaging in repeated acts of sexual assault of the same child under s. 948.025.
- Sexual exploitation of a child under s. 948.05.
- Trafficking of a child under s. 948.051.
- Causing a child to view or listen to sexual activity under s. 948.055.
- Incest with a child under s. 948.06.
- Child enticement under s. 948.07.
- Use of a computer to facilitate a child sex crime under s. 948.075.
- Soliciting a child for prostitution under s. 948.08.
- Patronizing a child under s. 948.081.
- Sexual assault of a child placed in substitute care under s. 948.085.
- Sexual assault of a child by a school staff person or a person who works or volunteers with children under s. 948.095.
- Felony exposing genitals, pubic area, or intimate parts under s. 948.10 (1) (a).
- Felony exposing a child to harmful material or harmful descriptions or narrations under s. 948.11 (2) (a) or (am).
- Possession of child pornography under s. 948.12.
- Child sex offender working with children under s. 948.13 (2).
The parent of the individual whose name is proposed to be changed must petition the Court in the county in which he/she resides.
- Form CV-481 (PDF) Petition for Change of Name for Minor Child under 14
- Petitioning Parent to complete the entire form and sign where indicated.
- Form CV-460 (PDF) Notice and Order for Name Change Hearing
- Petitioning Parent to complete caption (top section) and "Notice is Given" section only.
- Form CV-482 (PDF) Order for Name Change for Minor Child Under 14 - Parent with Criminal Conviction
- Petitioning Parent to complete document.
The Notice and Order for Name Change Hearing must be published once a week for three consecutive weeks in a local newspaper prior to the hearing date.
- Contact the Oconto County Reporter for information on publication and fees to publish the legal notice.
- Email Legal or call 888-774-7744 and press the prompt for legal ads
Proof of Publication
After publication, the newspaper will send (usually email) the Petitioner an Affidavit of Publication. The Affidavit of Publication must be provided to the Court prior to the commencement of the name change hearing if not previously filed with the Clerk of Courts Office.
- The Court may not proceed with the name change hearing without proof of publication.
- A printed copy of the Proof of Publication is required for filing
Service of Process
The Petitioning Parent is not required to have the non-petitioning parent personally served with the filing documents.